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  • 1. Page 1 of 70 Notes by: hotjurist 2010 In foro conscientiae TORTS (CODAL PROVISIONS)A. Concept of Quasi-Delict4. In the New Civil Code(Damages)Whoever by act or omission causes damage to another, there being fault ornegligence, is obliged to pay for the damage done. Such fault or negligence, ifthere is no pre-existing contractual relation between the parties, is called aquasi-delict and is governed by the provision ofChapter II(Quasi-Delicts).CC 1157Obligations arise from:(1) Law;(2) Contracts;(3) Quasi-contracts;(4) Acts and omissions punished by law; and(5) Quasi-delicts.CC 1162Obligations derived from quasi-delicts shall be governed by the provisions ofChapter 2, Title XVII of this Book, and by special laws.5. Distinguished from delict/civil liability arising from delictCivil liability of a person guilty of felony. Every person criminally liable for afelony is also civilly liable.RPC 101Rules regarding civil liability in certain cases. The exemption from criminalliability established in subdivisions 1,2,3,5 and 6 of Article 12 and in subdivision 4of Article 11 of the RPC does not include exemption from civil liability, whichshall be enforced subject to the following rules:
  • 2. Page 2 of 70 Notes by: hotjurist 2010 In foro conscientiaeFirst. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for actscommitted by an imbecile or insane person, and by a person under nine years ofage, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legalauthority or control, unless it appears that there was no fault or negligence ontheir part.Should there be no person having such insane, imbecile or minor under hisauthority, legal guardianship or control, or if such person be insolvent, saidinsane, imbecile, or minor shall respond with their own property, exceptingproperty exempt from execution in accordance with civil law.Second. In cases falling within subdivision 4 of Article 11, the persons for whosebenefit the harm has been prevented shall be civilly liable in proportion to thebenefit which they may have received.The courts shall determine, in sound discretion, the proportionate amount forwhich each one shall be liable.When the respective shares cannot be equitably determined, evenapproximately, or when the liability also attaches to the Government, or to themajority of the inhabitants of the town, and, in all events, whenever thedamages have been caused with the consent of the authorities or their agents,indemnification shall be made in themanner prescribed by special laws or regulations.Third. In cases falling within subdivisions 5 and 6 of Article 12, the personsusing violence or causing the fears shall be primarily liable and secondarily, or, ifthere be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution.RPC 102Subsidiary civil liability of innkeepers, tavern-keepers and proprietors ofestablishments. In default of the persons criminally liable, innkeepers, tavern-keepers, and any other persons or corporations shall be civilly liable for crimescommitted in their establishments, in all cases where a violation of municipalordinances or some general or special police regulations shall have beencommitted by them or their employees.Innkeepers are also subsidiarily liable for the restitution of goods taken byrobbery or theft within their houses from guests lodging therein, or for thepayment of the value thereof, provided that such guests shall have notified inadvance the innkeeper himself, or the person representing him, of the depositsof such goods within the inn; and shall furthermore have followed the directions
  • 3. Page 3 of 70 Notes by: hotjurist 2010 In foro conscientiaewhich such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. No liability shall attach in case ofrobbery with violence against or intimidation of persons unless committed by theinnkeepers employees.RPC 103Subsidiary civil liability of other persons. The subsidiary liability established inthe next preceding article shall also apply to employers, teachers, persons, andcorporations engaged in any king of industry for felonies committed by theirservants, pupils, workmen, apprentices, or employees in the discharge of theirduties.RPC 104What is included in civil liability. The civil liability established in Articles 100, 101,102 and 103 of the RPC includes:1. Restitution;2. Reparation of the damaged caused;3. Indemnification for consequential damages.RPC 105Restitution - How made. The restitution of the thing itself must be madewhenever possible, with allowance for any deterioration, or diminution of valueas determined by the court.The thing itself shall be restored, even though it be found in the possession ofa third person who has acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.RPC 106Reparation - How made. The court shall determine the amount of damage,taking into consideration the price of the thing, whenever possible, and its specialsentimental value to the injured party, and the reparation shall be madeaccordingly.RPC 107Indemnification - What is included. Indemnification for consequential damagesshall include not only those caused the injured party, but also those suffered byhis family or by a third person by reason of the crime.RPC 108
  • 4. Page 4 of 70 Notes by: hotjurist 2010 In foro conscientiaeObligation to make restoration, reparation for damages, or indemnification forconsequential damages and action to demand the same - upon whom itdevolves. The obligation to make restoration, reparation for damages, orindemnification for consequential damages devolves upon the heirs of theperson liable.The action to demand restoration, reparation, and indemnification likewisedescends to the heirs of the person injured.RPC 109Share of each person civilly liable. If there are two or more persons civilly liablefor a felony, the courts shall determine the amount for which each must respond.RPC 110Several and subsidiary liability of principals, accomplices and accessories of afelony - Preference in payment. Notwithstanding the provisions of the nextpreceding article, the principals, accomplices and accessories, each within theirrespective class, shall be liable severally (in solidum) among themselves for theirquotas, and subsidiarily for those of the other persons liable.The subsidiary liability shall be enforced, first against the property of theprincipals; next, against that of theaccomplices, and, lastly against that of the accessories.Whenever the liability in solidum or the subsidiary liability has been enforced,the person by whom payment has been made shall have a right of action againstthe others for the amount of their respective shares.RPC 111Obligation to make restitution in certain cases. Anyperson who has participated gratuitously in the proceeds of a felony shall bebound to make restitution in an amount equivalent to the extent of suchparticipation.RPC 112Extinction of civil liability. Civil liability established in Articles 100, 101, 102, and103 of the RPC shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.
  • 5. Page 5 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 1231Obligations are extinguished:1. By payment of performance2. By the loss of the thing due3. By the condonation or remission of the debt4. By the confusion or merger of the rights of creditor and debtor5. By compensation6. By novationOther causes of extinguishment of obligations, such as annulment, rescission,fulfillment of a resolutory condition, and prescription, are governed elsewhere inthe Civil Code.RPC 113Obligation to satisfy civil liability. Except in case of extinction of his civil liabilityas provided in the next preceding article, the offender shall continue to beobliged to satisfy the civil liability resulting from the crime committed by him,notwithstanding the fact that he has served his sentence consisting of deprivationof liberty or other rights, or has not been required to serve the same by reason ofamnesty, pardon, commutation of sentence or any other reasons.CC 29When the accused in a criminal prosecution is acquitted on the ground that hisguilt has not been proved beyond reasonable doubt, a civil action for damagesfor the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court mayrequire the plaintiff to file a bond to answer for damages in case the complaintshould be found to be malicious.If in a criminal case the judgment of acquittal is based upon reasonable doubt,the court shall so declare. In the absence of any declaration to that effect, it maybe inferred from the test of the decision whether or not the acquittal is due to thatground.CC 30When a separate civil action is brought to demand civil liability arising from acriminal offense, and no criminal proceedings are instituted during the pendencyof the civil case, a preponderance of evidence shall likewise be sufficient toprove the act complained of.CC 31
  • 6. Page 6 of 70 Notes by: hotjurist 2010 In foro conscientiaeWhen the civil action is based on an obligation not arising form the act oromission complained of as a felony, such civil action may proceed independentlyof the criminal proceedings regardless of the result of the latter.CC 33In cases of defamation, fraud, and physical injuries, a civil action for damages,entirely separate and distinct from the criminal action, may be brought by theinjured party. Such civil action shall proceed independently of the criminalprosecution, shall require only a preponderance of evidence.CC 34When a member of a city or municipal police force refuses or fails to render aidor protection to any person in case of danger to life or property, such peaceofficer shall be primarily liable for damages, and the city or municipality shall besubsidiarily responsible therefor. The civil action herein recognized shall beindependent of any criminal proceedings, and a preponderance of evidence shallsuffice to support such action.CC 35When a person, claiming to be injured by a criminal offense, charges anotherwith the same, for which no independent civil action is granted in the Civil Codeor any special law, but the justice of the peace finds no reasonable grounds tobelieve that a crime has been committed, or the prosecuting attorney refuses orfails to institute criminal proceedings, the complainant may bring a civil actionfor damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the court mayrequire the plaintiff to file a bond to indemnify the defendant in case thecomplaint shall be found to be malicious.If during the pendency of the civil action, an information should be presented bythe prosecuting attorney, the civil action shall be suspended until thetermination of the criminal proceedings.CC 36Prejudicial questions, which must be decided before any criminal prosecutionmay be instituted or may proceed, shall be governed by rules of court which theSupreme Court shall promulgate and which shall not be in conflict with theprovisions of the Civil Code.CC 2177
  • 7. Page 7 of 70 Notes by: hotjurist 2010 In foro conscientiaeResponsibility for fault or negligence under Article 2176 Quasi Delict) is entirelyseparate and distinct from the civil liability arising form negligence under thePenal Code.But the plaintiff cannot recover damages twice for the same act or omission ofthe defendant.CC 1161Civil obligations arising from criminal offenses shall be governed by the penallaws, subject to the provisions of Article 2177, and of the pertinent provisions ofChapter 2, Preliminary Title, on Human Relations, and of Title XVII (Extra-Contractual Obligations) of Book IV (Obligations and Contracts), regulatingdamages.Rule 111 (Prosecution of Civil Action)Section 1.Institution of criminal and civil actions. When a criminal action is instituted, thecivil action for the recovery of civil liability is impliedly instituted with the criminalaction, unless the offended party waives the civil action, reserves his right toinstitute it separately, or institutes the civil action prior to the criminal action.Such civil action includes recovery of indemnity under the RPC, and damagesunder Articles 32, 33, 34 and 2176 of the Civil Code arising form the same act oromission of the accused.A waiver of any of the civil actions extinguishes the others. The institution of orthe reservation of the right to file any of said civil actions separately waives theothers.The reservation of the right to institute the separate civil action shall be madebefore the prosecution starts to present its evidence and undercircumstances affording the offended party a reasonable opportunity to makesuch reservation.In no case may the offended party recover damages twice for the same act oromission of the accused.When the offended party seeks to enforce civil liability against the accused bywas of moral, nominal, temperate or exemplary damages, the filing fees forsuch civil action as provided in these Rules shall constitute a first lien on thejudgment except in an award for actual damages.
  • 8. Page 8 of 70 Notes by: hotjurist 2010 In foro conscientiaeIn cases wherein the amount of damages, other than actual, is alleged in thecomplaint or information, the corresponding filing fees shall be paid by theoffended party upon the filing thereof in court for trial.Section 2Institution of separate civil action. Except in thecases provided for in Section 3 hereof, after the criminal action has beencommenced, the civil action which has been reserved cannot be instituted untilfinal judgment has been rendered in the criminal action. (a) Whenever the offended party shall have instituted thecivil action as provided for in the first paragraph of Section 1 hereof before thefiling of the criminal action and the criminal action is subsequently commenced,the pending civil action shall be suspended, in whatever stage before finaljudgment it may be found, until final judgment in the criminal action has beenrendered. However, if no final judgment has been rendered by the trial court inthe civil action, the same may be consolidated with the criminal action upon application with the court trying the criminal action. If the application is granted,the evidence presented and admitted in the civil action shall be deemedautomatically reproduced in the criminal action, without prejudice to theadmission of additional evidence that any party may wish to present. In case of consolidation, both the criminal and the civil actions shall be tried and decidedjointly. (b) Extinction of the penal action does not carry with itextinction of the civil, unless the extinction proceeds from a declaration in a finaljudgment that the fact from which the civil might arise did not exist.Section 3When civil action may proceed independently. -- In thecases provided for in Articles 32, 33, 34, and 2176 of the Civil Code, theindependent civil action which has been reserved may be brought by theoffended party, shall proceed independently of the criminal action, and shallrequire only a preponderance of evidence.Section 4Judgment in civil action not a bar. -- A final judgmentrendered in a civil action absolving the defendant from civil liability is no bar to acriminal action.Section 5
  • 9. Page 9 of 70 Notes by: hotjurist 2010 In foro conscientiaeElements of prejudicial question. -- The two (2) essentialelements of a prejudicial questions are: (a) the civil action involves an issuesimilar or intimately related to the issue raised in the criminal action; and (b) theresolution of such issue determines whether or not the criminal action mayproceed.Section 6Suspension by reason of prejudicial question. -- A petition for suspension of thecriminal action based upon the pendency of a prejudicial question in a civilaction may be filed in the office of the fiscal or the court conducting thepreliminary investigation. When the criminal action has been filed in court fortrial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests.6. Distinguished from contract/breach of contractCC 1157Obligations arise from:(1) Law;(2) Contracts;(3) Quasi-contracts;(4) Acts and omissions punished by law; and(5) Quasi-delicts.CC 1159Obligations arising from contracts have the force of law between the contractingparties and should be complied with in good faith.CC 1170 (Damages)When guilty of fraud, negligence, delay or contravention of the tenor ofobligations, one is liable for damages.CC 1172 (Responsibility for negligence)Responsibility arising from negligence in all obligations is demandable but liabilitymay be regulated by the courts according to the circumstances.CC 1173 (Fault/negligence and diligence)The fault or negligence of an obligor consists in the omission of the diligencerequired by the obligation and the circumstances of the persons, time and place.
  • 10. Page 10 of 70 Notes by: hotjurist 2010 In foro conscientiaeWhen negligence shows bad faith the provisions of Articles 1171 and 2201,paragraph 2 shall apply.If the law or the contract does not state the required diligence which is to beobserved in the performance, that which is expected of a good father of a familyshall be required.CC 1314Any third person who induces another to violate his contract shall be liable fordamages to the other contracting party.B. General PrinciplesCC 19Every person must, in the exercise of his rights and in the performance of hisduties, act with justice, give everyone his due, and observe honesty and goodfaith.CC 20Every person who, contrary to law, willfully or negligently causes damage toanother, shall indemnify the latter for the same.CC 21Any person who willfully causes loss or injury to another in a manner that iscontrary to morals, good customs or publicpolicy shall compensate the latter for the damage.CC 22Every person who through an act of performance by another, or any othermeans, acquires or comes into possession of something at the expense of thelatter without just or legal ground, shall return the same to him.CC 23Even when an act or event causing damage to anothers property was not dueto the fault or negligence of the defendant, the latter shall be liable for indemnityif through the act or event he was benefited.CC 2176 (Damages)
  • 11. Page 11 of 70 Notes by: hotjurist 2010 In foro conscientiaeWhoever by act or omission causes damage to another, there being fault ornegligence, is obliged to pay for the damage done. Such fault or negligence, ifthere is no pre-existing contractual relation between the parties, is called aquasi-delict and is governed by the provision of Chapter II (Quasi-Delicts).C. Elements of Quasi-Delict2. Fault or Negligencea. Concept of fault / negligenceCC 1173The fault or negligence of an obligor consists in the omission of the diligencerequired by the obligation and the circumstances of the persons, time and place.When negligence shows bad faith the provisions of Articles 1171 and 2201,paragraph 2 shall apply.If the law or the contract does not state the required diligence which is to beobserved in the performance, that which is expected of a good father of a familyshall be required.cf CC 1172Responsibility arising from negligence in all obligations is demandable but liabilitymay be regulated by the courts according to the circumstances.RPC 3Definition. -- Acts and omissions punishable by law are felonies (delitos)Felonies are committed not only by means of deceit (dolo) but also by means offault (culpa).There is deceit when the act is performed with deliberate intent and there is faultwhen the wrongful act results from imprudence, negligence, lack of foresight, orlack of skill.RPC 365Imprudence and negligenceReckless imprudence consists in voluntarily, but without malice, doing of failingto do an act from which material damage results by reason of inexcusable lackof precaution on the part of the person performing of failing to perform such act,
  • 12. Page 12 of 70 Notes by: hotjurist 2010 In foro conscientiae taking into consideration his employment or occupation, degree of intelligence,physical condition and other circumstances regarding persons, time and place.Simple imprudence consists in the lack of precaution displayed in thosecases in which the damage impending to be caused is not immediate nor thedanger clearly manifest.CC 2177Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirelyseparate and distinct form the civil liability arising form negligence under thePenal Code. But the plaintiff cannot recover damages twice for the same act oromission of the defendant.CC 2178The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict.cf CC 2202In crimes and quasi-delicts, the defendants shall be liable for all damageswhich are natural and probable consequences of the act or omission complainedof. It is not necessary that such damages have been foreseen or could havereasonably been foreseen by the defendant.b. Contributory negligenceCC 2179When the plaintiffs own negligence was the immediate and proximate cause ofhis injury, he cannot recover damages. But if his negligence was onlycontributory, the immediate and proximate cause of the injury being thedefendants lack of due care, the plaintiff may recover damages, but the courtsshall mitigate the damages to be awardedCC 2203The party suffering loss or injury must exercise the diligence of a good fatherof a family to minimize the damages resulting from the act or omission inquestion.CC 2214
  • 13. Page 13 of 70 Notes by: hotjurist 2010 In foro conscientiaeIn quasi-delicts the contributory negligence of the plaintiff shall reduce thedamages that he may recover.CC 1762The contributory negligence of the passenger does not bar recovery of damagesfor his death or injuries, if the proximate cause thereof is the negligence of thecommon carrier, but the amount of damages shall be equitably reduced.cf CC 2194The responsibility of two or more persons who are liable ヘfor a quasi-delict is solidary.c. Last clear chanceCC 1755A common carrier is bound to carry the passengers safely as far as human careand foresight can provide, using the utmost diligence of very cautious persons,with a due regard for all the circumstances.CC 1756In case of death of or injuries to passengers, common carriers are presumedto have been at fault or to have acted negligently, unless they prove that theyobserved extraordinary diligence as prescribed in 1733 and 1755.CC 2184In motor vehicle mishap, the owner is solidarily liable with his driver, if theformer, who was in the vehicle, could have by the use of due diligence,prevented the misfortune. It is disputably presumed that a driver was negligent, ifhe had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months.If the owner was not in the motor vehicle, the provisions of Article 2180 areapplicable.CC 2185
  • 14. Page 14 of 70 Notes by: hotjurist 2010 In foro conscientiaeUnless there is proof to the contrary, it is presumed that a person driving amotor vehicle has been negligent if at the time of the mishap, he was violatingany traffic regulation.CC 2186Every owner of a motor vehicle shall file with the proper government office abond executed by a Government-owned and Controlled corporation or office, toanswer for damages to third persons. The amount of the bond and other termsshall be fixed by the competent public official.CC 2180The obligation imposed by Article 2176 is demandable not only for ones ownacts or omissions, but also for those of persons for whom one is responsible.The father and, in case of his death or incapacity, the mother, are responsiblefor the damages caused by the minorchildren who live in their company.Guardians are liable for damages caused by the minors or incapacitatedpersons who are under their authority and live in their company.The owners and managers of an establishment or enterprise are likewiseresponsible for damages caused by their employees in the service of thebranches in which the latter are employed or on the occasion of their functions.Employers shall be liable for the damages caused by their employees andhousehold helpers acting within the scope of their assigned tasks, even thoughthe former are not engaged in any business or industry.The State is responsible in like manner when it acts through a special agent,but not when the damage has been caused by the official to whom the taskdone properly pertains, in which case what is provided in Article 2176 shall beapplicable.Lastly, teachers or heads of establishments of arts and trades shall be liable fordamages caused by their pupils and students or apprentices, so long as theyremain in their custody.The responsibility treated of in this article shall cease when the persons hereinmentioned prove that they observed all the diligence of a good father of a familyto prevent damage.LTTC, Chap III, art 2, 3 and 5, Chap IV
  • 15. Page 15 of 70 Notes by: hotjurist 2010 In foro conscientiaeRPC 11 (4)Justifying circumstances. -- The following do not incur any criminal liability:(4) Any person who, in order to avoid an evil or injury, does an act which causesdamage to another, provided that the following requisites are present:First. That the evil sought to be avoided actually exists;Second. That the injury feared be greater than that done to avoid it;Third. That there be no other practical and less harmful means of preventing it.RPC 12 (4)Circumstances which exempt from criminal liability._-- The following are exemptfrom criminal liability:4. Any person who, while performing a lawful act with due care, causes an injury be mere accident without fault or intention of causing it.d. Presumption of negligenceCC 2184,In motor vehicle mishap , the owner is solidarily liable with his driver, if theformer, who was in the vehicle, could have by the use of due diligence,prevented the misfortune. It is disputably presumed that a driver was negligent, ifhe had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months.If the owner was not in the motor vehicle, the provisions of Article 2180 areapplicable.CC 2185Unless there is proof to the contrary, it is presumed that a person driving amotor vehicle has been negligent if at the time of the mishap, he was violatingany traffic regulation.CC 2188There is prima facie presumption of negligence on the
  • 16. Page 16 of 70 Notes by: hotjurist 2010 In foro conscientiaepart of the defendant if the death or injury results from his possession ofdangerous weapons or substances, such as firearms and poison, except whenthe possession or use thereof is indispensable in his occupation or business.CC 1755A common carrier is bound to carry the passengers safelyas far as human care and foresight can provide, using the utmost diligence ofvery cautious persons, with a due regard for all the circumstances.CC 1756In case of death of or injuries to passengers, common carriers are presumedto have been at fault or to have acted negligently, unless they prove that theyobserved extraordinary diligence as prescribed in 1733 and 1755.CC 2190The proprietor of a building or structure is responsible for the damages resultingfrom its total or partial collapse, if it should be due to the lack of necessaryrepairs.CC 2193The head of a family that lives in a building or a partthereof, is responsible for damages caused by things thrown or falling from thesame.CC 1723The engineer or architect who drew up the plans and specifications for abuilding is liable for damages if within fifteen years from the completion of thestructure, the same should collapse by reason of a defect in those plans andspecifications, or due to the defects in the ground. The contractor is likewiseresponsible for the damages if the edifice falls, within the same period, onaccount of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If theengineer or architect supervises the construction, he shall be solidarily liablewith the contractor.Acceptance of the building, after completion, does not imply waiver of any ofthe causes of action by reason of any defect mentioned in the precedingparagraph.
  • 17. Page 17 of 70 Notes by: hotjurist 2010 In foro conscientiaeThe action must be brought within ten years following the collapse of the building.f. Assumption of riskCC 1174No person shall be liable for unforeseen events or thoseforeseen but inevitable unless stipulated in the law or the contract or theobligation requires the assumption of risk.(2) Fortuitous eventCC 2215 (4)In contracts, quasi contracts, and quasi-delicts, the court may equitablymitigate the damages under circumstances other than the case referred to in2214 (contributory negligence), as in the following instances:(4) That the loss would have resulted in any event.(5) PrescriptionCC 1146The following actions must be instituted within four years:(1) Upon an injury to the rights of the plaintiff;(2) Upon a quasi-delict.(6) Double recoveryCC 2177Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirelyseparate and distinct form the civil liability arising form negligence under thePenal Code. But the plaintiff cannot recover damages twice for the same act oromission of the defendant.3. Cause of the harmCC 2179
  • 18. Page 18 of 70 Notes by: hotjurist 2010 In foro conscientiaeWhen the plaintiffs own negligence was the immediate and proximate cause ofhis injury, he cannot recover damages. But if his negligence was onlycontributory, the immediate and proximate cause of the injury being thedefendants lack of due care, the plaintiff may recover damages, but the courtsshall mitigate the damages to be awarded.D. Persons liable for quasi-delict1. The tortfeasorCC 2176Whoever by act or omission causes damage to another, there being fault ornegligence, is obliged to pay for the damage done. Such fault or negligence, ifthere is no pre-existing contractual relation between the parties, is called aquasi-delict and is governed by the provision of Chapter II (Quasi-Delicts).CC 2179When the plaintiffs own negligence was the immediate and proximate cause ofhis injury, he cannot recover damages. But if his negligence was onlycontributory, the immediate and proximate cause of the injury being thedefendants lack of due care, the plaintiff may recover damages, but the courtsshall mitigate the damages to be awarded.CC 2181Whoever pays for the damage caused by his dependents or employees mayrecover from the latter what he has paid or delivered in satisfaction of the claim.cf CC 1723The engineer or architect who drew up the plans and specifications for abuilding is liable for damages if within fifteen years from the completion of thestructure, the same should collapse by reason of a defect in those plans andspecifications, or due to the defects in the ground. The contractor is likewiseresponsible for the damages if the edifice falls, within the same period, onaccount of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If theengineer or architect supervises the construction, he shall be solidarily liablewith the contractor.
  • 19. Page 19 of 70 Notes by: hotjurist 2010 In foro conscientiaeAcceptance of the building, after completion, does not imply waiver of any ofthe causes of action by reason of any defect mentioned in the precedingparagraph.The action must be brought within ten years following the collapse of the building.RPC 205JUDGMENT RENDERED THROUGH NEGLIGENCE__1) That the offender is a judge2) That he renders a judgment in a case submitted to him for decision3) That the judgment is manifestly unjust4) That it is due to his inexcusable negligence or ignoranceRPC 208PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCEActs punished:1) By maliciously refraining from instituting prosecution against violators of thelaw2) By maliciously tolerating the commission of offensesElements of dereliction of duty in the prosecution of offenses:1) That the offender is a public officer or officer of the law who has a duty tocause the prosecution of, or to prosecute, offenses2) That there is a dereliction of the duties of his office; that is, knowing thecommission of the crime, he does not cause the prosecution of the criminal orknowing that a crime is about to be committed, he tolerates its commission3) That the offender acts with malice and deliberate intent to favor the violator ofthe lawRPC 209
  • 20. Page 20 of 70 Notes by: hotjurist 2010 In foro conscientiaeBETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OFSECRETSActs punished as betrayal of trust by attorney1) By causing damage to his client either bya. any malicious breach of professional dutyb. by inexcusable negligence or ignorance2) By revealing any of the secrets of his client learned by him in hisprofessional capacity3) By undertaking the defense of the opposing party in the same case, withoutthe consent of his first client, after having undertaken the defense of said firstclient or after having received confidential information from said clientRPC 224EVASION THROUGH NEGLIGENCEThat the offender is a public officer2) That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment3) That such prisoner escapes through his negligence2. Vicarious liabilityCC 2180The obligation imposed by Article 2176 is demandable not only for ones ownacts or omissions, but also for those of persons for whom one is responsible.The father and, in case of his death or incapacity, the mother, are responsiblefor the damages caused by the minor children who live in their company.Guardians are liable for damages caused by the minors or incapacitatedpersons who are under their authority and live in their company.
  • 21. Page 21 of 70 Notes by: hotjurist 2010 In foro conscientiaeThe owners and managers of an establishment or enterprise are likewiseresponsible for damages caused by their employees in the service of thebranches in which the latter are employed or on the occasion of their functions.Employers shall be liable for the damages caused by their employees andhousehold helpers acting within the scope of their assigned tasks, even thoughthe former are not engaged in any business or industry.The State is responsible in like manner when it acts through a special agent,but not when the damage has been caused by the official to whom the taskdone properly pertains, in which case what is provided in Article 2176 shall beapplicable.Lastly, teachers or heads of establishments of arts and trades shall be liable fordamages caused by their pupils and students or apprentices, so long as they remain in their custody.The responsibility treated of in this article shall cease when the persons hereinmentioned prove that they observed all the diligence of a good father of a familyto prevent damage.a. ParentsFC 218The school, its administration and teachers or the individual, entity or institutionengaged in child care shall have special parental authority and responsibilityover the minor child while under their supervision, instruction or custody.FC 219Those given the authority and responsibility under the Article 218 shall beprincipally and solidarily liable for damages caused by the acts or omissions of the minor. The parents, guardians or other persons exercising substituteparental authority over said minor shall be subsidiarily liable.The respective liabilities of those referred to in the preceding paragraph shallnot apply if it is proved that they exercised the proper diligence required underthe particular circumstances.All other cases not covered by this and the preceding articles shall begoverned by the provisions of the Civil Code on quasi-delicts.FC 221
  • 22. Page 22 of 70 Notes by: hotjurist 2010 In foro conscientiaeParents and other persons exercising parental authority shall be civilly liable forthe injuries and damages caused by the acts or omissions of theirunemancipated children living in their company and under their parentalauthority subject to the appropriate defenses provided by law.RA 6809The majority age was lowered to 18 years. However, for the purpose ofcontracting marriage, and for determining the liability of parents and guardiansfor the torts of their minor children or wards under the second and third paragraphs of Art. 2180 of the Civil Code, majority commences at the age of 21.CC 2181Whoever pays for the damage caused by his dependents oremployees may recover from the latter what he has paid or delivered insatisfaction of the claim.CC 2182If the minor or insane person causing damage has no parents or guardians, theminor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed.CYWC 58Torts -- Parents and guardians are responsible for the damage caused by thechild under their parental authority in accordance with the Civil Code.CYWC 156Legal Custody -- When any child shall have been committed in accordance withArticle 155 and such child shall have been accepted by the Department ofSocial Welfare or any duly licensed child placement agency or individual, therights of his natural parents, guardian, or other custodian to exercise parentalauthority over him shall cease. Such agency or individual shall be entitled to thecustody and control of such child during his minority, and shall have authority to carefor, educate, train and place him out temporarily or for the custody and care in aduly licensed child placement agency. Such agency or individual may intervenein adoption proceedings in such manner as shall best inure to the childs welfare.FC 217
  • 23. Page 23 of 70 Notes by: hotjurist 2010 In foro conscientiaeIn case of foundlings, abandoned, neglected or abused children and other children similarly situated, parental authority shall be entrusted in summaryjudicial proceedings to heads of childrens homes, orphanages and similar institutions duly accredited by the proper government agency.FC 204The person obliged to give support shall have the option to fulfill the obligationeither by paying the allowance fixed, or by receiving and maintaining in thefamily dwelling the person who has a right to receive support. The latteralternative cannot be availed of in case there is a moral or legal obstaclethereto.b. GuardiansFC 216In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated:(1) The surviving grandparent, as provided in Article 214(2) The oldest brother or sister, over twenty-one years of age, unless unfit ordisqualified.(3) The childs actual custodian, over twenty-one years of age, unless unfit ordisqualified.Whenever the appointment of a judicial guardian over the property of the childbecomes necessary, the same order of preference shall be observed.FC 217In case of foundlings, abandoned, neglected or abused children and other children similarly situated, parental authority shall be entrusted in summaryjudicial proceedings to heads of childrens homes, orphanages and similar institutions duly accredited by the proper government agency.CC 2181Whoever pays for the damage caused by his dependents or employees mayrecover from the latter what he has paid or delivered in satisfaction of the claim.c. Schools / school administrators / teachers
  • 24. Page 24 of 70 Notes by: hotjurist 2010 In foro conscientiaeFC 218The school, its administration and teachers or the individual, entity or institutionengaged in child care shall have special parental authority and responsibilityover the minor child while under their supervision, instruction or custody.FC 219Those given the authority and responsibility under the Article 218 shall beprincipally and solidarily liable for damages caused by the acts or omissions of the minor. The parents, guardians or other persons exercising substituteparental authority over said minor shall be subsidiarily liable.The respective liabilities of those referred to in the preceding paragraph shallnot apply if it is proved that they exercised the proper diligence required underthe particular circumstances.All other cases not covered by this and the preceding articles shall begoverned by the provisions of the Civil Code on quasi-delicts.RA 6809The majority age was lowered to 18 years. However, for the purpose ofcontracting marriage, and for determining the liability of parents and guardiansfor the torts of their minor children or wards under the second and third paragraphs of Art. 2180 of the Civil Code, majority commences at the age of 21.d. Child care institutionFC 218The school, its administration and teachers or the individual, entity or institutionengaged in child care shall have special parental authority and responsibilityover the minor child while under their supervision, instruction or custody.FC 219Those given the authority and responsibility under the Article 218 shall beprincipally and solidarily liable for damages caused by the acts or omissions of the minor. The parents, guardians or other persons exercising substituteparental authority over said minor shall be subsidiarily liable.
  • 25. Page 25 of 70 Notes by: hotjurist 2010 In foro conscientiaeThe respective liabilities of those referred to in the preceding paragraph shallnot apply if it is proved that they exercised the proper diligence required underthe particular circumstances.All other cases not covered by this and the preceding articles shall begoverned by the provisions of the Civil Code on quasi-delicts.e. EmployersCC 2180The obligation imposed by Article 2176 is demandable not only for ones ownacts or omissions, but also for those of persons for whom one is responsible.The father and, in case of his death or incapacity, the mother, are responsiblefor the damages caused by the minor children who live in their company.Guardians are liable for damages caused by the minors or incapacitatedpersons who are under their authority and live in their company.The owners and managers of an establishment or enterprise are likewiseresponsible for damages caused by their employees in the service of thebranches in which the latter are employed or on the occasion of their functions.Employers shall be liable for the damages caused by their employees andhousehold helpers acting within the scope of their assigned tasks, even thoughthe former are not engaged in any business or industry.The State is responsible in like manner when it acts through a special agent,but not when the damage has been caused by the official to whom the taskdone properly pertains, in which case what is provided in Article 2176 shall beapplicable.Lastly, teachers or heads of establishments of arts and trades shall be liable fordamages caused by their pupils and students or apprentices, so long as they remain in their custody.The responsibility treated of in this article shall cease when the persons hereinmentioned prove that they observed all the diligence of a good father of a familyto prevent damage.CC 2181Whoever pays for the damage caused by his dependents or employees mayrecover from the latter what he has paid or delivered in satisfaction of the claim.
  • 26. Page 26 of 70 Notes by: hotjurist 2010 In foro conscientiaef. The StateCC 44 (1)The following are juridical persons:(1) The State and its political subdivisions;CC 45 (1)Juridical persons mentioned in Nos. 1 and 2 of Article 44 are governed by thelaws creating or recognizing them.CC 46Juridical persons may acquire and possess property of all kinds, as well as incurobligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.3. Particular persons made liable by lawa. Possessor or user of animalsCC 2183The possessor of an animal or whoever may make use of the same isresponsible for the damage which it may cause, although it may escape orbe lost. This responsibility shall cease only in case the damage should comefrom force majeure or from the fault of the person who has suffered damage.b. Owners / drivers of motor vehiclesCC 2184In motor vehicle mishap , the owner is solidarily liable with his driver, if theformer, who was in the vehicle, could have by the use of due diligence,prevented the misfortune. It is disputably presumed that a driver was negligent, ifhe had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months.If the owner was not in the motor vehicle, the provisions of Article 2180 areapplicable.
  • 27. Page 27 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 2185Unless there is proof to the contrary, it is presumed that a person driving amotor vehicle has been negligent if at the time of the mishap, he was violatingany traffic regulation.CC 2186Every owner of a motor vehicle shall file with the proper government office abond executed by a Government owned or controlled corporation or office, toanswer for damages to third persons. The amount of the bond and other termsshall be fixed by the competent public official.IC (CMVLI)c. ManufacturersCC 2187Manufacturers and processors of foodstuffs, drinks, toilet articles and similargoods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers.CC 1547In a contract of sale, unless a contrary intention appears, there is:(1) An implied warranty on the part of the seller that he has a right to sell thething at the time when the ownership is to pass, and that the buyer shall fromthat time have and enjoy the legal and peaceful possession of the thing;(2) An implied warranty that the thing shall be free from any hidden faults ordefects, or any charge or encumbrance not declared or known to the buyer.This article shall not, however, be held to render liable a sheriff, auctioneer,mortgagee, pledgee, or other person professing to sell by virtue of authority infact or law, for the sale of a thing in which a third person has a legal orequitable interest.RA 7394 (The Consumers Act of the Philippines of 1992)
  • 28. Page 28 of 70 Notes by: hotjurist 2010 In foro conscientiaeRA 7394: 167Prescription.-- All actions or claims accruing under the provisions of this Act andthe rules and regulations issued pursuant thereto shall prescribe within two (2)years from the time the consumer transaction was consummated or thedeceptive or unfair and unconscionable act or practice was committed and incase of hidden defects, from discovery thereof.Chapter V - LIABILITY OF PRODUCTS AND SERVICESRA 7394: 97Liability for the Defective Products.-- Any Filipino or foreign manufacturer, producer, and any importer, shall be liable for redress, independently of fault,for damages caused to consumers by defects resulting from design, manufacture, construction, assembly and erection, formulas and handling andmaking up, presentation or packing of their products, as well as for theinsufficient or inadequate information on the use and hazards thereof.A product is defective when it does not offer the safety rightfully expected of it,taking relevant circumstances into consideration, including but not limited to:a) presentation of product;b) use and hazards reasonably expected of it;c) the time it was put into circulation.A product is not considered defective because another better quality producthas been placed in the market.The manufacturer, builder, producer or importer shall not be held liable when itevidences:a) that it did not place the product on the market;b) that although it did place the product on the market such product has nodefect;c) that the consumer or a third party is solely at fault.RA 7394: 98
  • 29. Page 29 of 70 Notes by: hotjurist 2010 In foro conscientiaeLiability of Tradesman or Seller. -- The tradesman /seller is likewise liable,pursuant to the preceding article when:a) it is not possible to identify the manufacturer, builder, producer or importer;b) the product is supplied, without clear identification of the manufacturer,producer, builder or importer;c) he does not adequately preserve perishable goods. The party making paymentto the damaged party may exercise the right to recover a part of the whole ofthe payment made against the other responsible parties, in accordance withtheir part or responsibility in the cause of the damage effected.RA 7394: 99Liability for Defective Services. -- The service supplier is liable for redress,independently of fault, for damages caused to consumers by defects relating tothe rendering of the services, as well as for insufficient or inadequateinformation on the fruition and hazards thereof.The service is defective when it does not provide the safety the consumermay rightfully expect of it, taking the relevant circumstances into consideration,including but not limited to:a) the manner in which it is provided;b) the result of hazards which may reasonably be expected of it;c) the time when it was provided.A service is not considered defective because of the use or introduction of newtechniques.the supplier of the services shall not be liable when it is proven:a) that there is no defect in the service rendered;b) that the consumer or third party is solely at fault.RA 7394: 100Liability for Product and Service Imperfection. -- The suppliers of durable ornondurable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they aredesigned or decrease their value, and for those resulting from inconsistencywith the information provided on the container, packaging, labels or publicitymessages/advertisement, with due regard to the variations resulting from theirnature, the consumer being able to demand replacement to the imperfect parts.
  • 30. Page 30 of 70 Notes by: hotjurist 2010 In foro conscientiaeIf the imperfection is not corrected within thirty (30) days, the consumer mayalternatively demand at his option:a) the replacement of the product by another of the same kind, in a perfect stateof use;b) the immediate reimbursement of the amount paid, with monetary updating,without prejudice to any losses and damages;c) a proportionate price reduction.The parties may agree to reduce or increase the term specified in theimmediately preceding paragraph: but such shall not be less than seven (7) normore than one hundred and eighty (180) days.The consumer may make immediate use of the alternatives under the secondparagraph of this Article when by virtue of the extent of the imperfection, thereplacement of the imperfect parts may jeopardize the product quality or characteristics, thus decreasing its value.If the consumer opts for the alternative under subparagraph (a) of the secondparagraph of this Article, and replacement of the product is not possible, it maybe replaced by another of a different kind, mark or model: Provided, That any difference in price may result thereof shall be supplemented or reimbursed bythe party which caused the damage, without prejudice to the provisions of thesecond, third and fourth paragraphs of this Article.RA 7394: 101Liability for Product Quantity Imperfection.-- Suppliers are jointly liable forimperfections in the quantity of the product when, in due regard for variationsinherent thereto, their net content is less than that indicated on the container,packaging, labeling or advertisement, the consumer having powers to demand,alternatively, at his own option:a) the proportionate price;b) the supplementing of weight or measure differential:c) the replacement of the product by another of the same kind, mark or model,without said imperfections;d) the immediate reimbursement of the amount paid, with monetary updatingwithout prejudice to losses and damages if any.The provisions of the fifth paragraph of Article 99 shall apply to this Article.The immediate supplier shall be liable if the instrument used for weighing ormeasuring is not gauged in accordance with official standards.
  • 31. Page 31 of 70 Notes by: hotjurist 2010 In foro conscientiaeRA 7394: 102Liability for Service Quality Imperfection. -- the service supplier is liable for anyquality imperfections that render the services improper for consumption ordecrease their value, and for those resulting from inconsistency with the information contained in the offer or advertisement, the consumer beingentitled to demand alternatively at his option:a) the performance of the services, without any additional cost and whenapplicable;b) the immediate reimbursement of the amount paid, with monetary updatingwithout prejudice to losses and damages, if any;c) a proportionate price reduction.Reperformance of services may be entrusted to duly qualified third parties, at thesuppliers risk and cost.Improper services are those which prove to be inadequate for purposesreasonably expected of them and those that fail to meet the provisions of thisAct regulating service rendering.RA 7394: 103Repair Service Obligation. -- When services are provided for the repair of anyproduct, the supplier shall be considered implicitly bound to use adequate, new,original replacement parts, or those that maintain the manufacturers technicalspecifications unless, otherwise authorized, as regards to the latter by thecustomer.RA 7394: 104Ignorance of Quality Imperfection. -- The suppliers ignorance of the qualityimperfections due to inadequacy of the products and services does not exempthim from any liability.RA 7394: 105Legal Guarantee of Adequacy.-- The legal guarantee of product or serviceadequacy does not require an express instrument or contractual exoneration of the supplier being forbidden.RA 7394: 106
  • 32. Page 32 of 70 Notes by: hotjurist 2010 In foro conscientiaeProhibition in Contractual Stipulation. -- The stipulation in a contract of a clausepreventing, exonerating or reducing the obligation to indemnify for damageseffected, as provided for in this and in the preceding Article, is hereby prohibited, if there is more than one person responsible for the cause of thedamage, they shall be jointly liable for the redress established in the pertinentprovisions of this Act.However, if the damage is caused by a component or part incorporated in theproduct or service, its manufacturer, builder or importer and the person whoincorporated the component or part are jointly liable.RA 7394: 107Penalties. -- Any person who shall violate any provision of this Chapter or itsimplementing rules and regulations with respect to any consumer product whichis not food, cosmetic, or hazardous substance shall upon conviction, be subjectto a fine of not less than Five thousand pesos (P5,000) and by imprisonment of not more than one (1) year or both upon the discretion of the court.In case of judicial persons, the penalty shall be imposed upon its president,manager or head. If the offender is an alien, he shall, after payment of fine andservice of sentence, be deported without further deportation proceedings.d. Local governmentsCC 2189Provinces, cities and municipalities shall be liable for damages for the death of,or injuries suffered by any person by reason of the defective condition of roads,streets, bridges, public buildings, and other public works under their control orsupervision.LGC 15Political and Corporate Nature of Local Government Units. -- Every localgovernment unit created or recognized under the Local Government Code is abody politic and corporate unit endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the National Government and as a corporate entityrepresenting the inhabitants of its territory.LGC 22 (a)
  • 33. Page 33 of 70 Notes by: hotjurist 2010 In foro conscientiaeCorporate Powers. -- (a) Every local government unit, as a corporation, shallhave the following powers:(1) To have continuous succession in its corporate name;(2) To sue and be sued;(3) To have and use a corporate seal;(4) To acquire and convey real or personal property;(5) To enter into contracts; and(6) To exercise such other powers as are granted to corporations, subject tothe limitations provided in the Local Government Code and other laws.e. Proprietor of building or structureCC 2190The proprietor of a building or structure is responsible for the damages resultingfrom its total or partial collapse, if it should be due to the lack of necessaryrepairs.CC 2191Proprietors shall also be responsible for damages caused:(1) By the explosion of machinery which has not been taken cared of withdue diligence, and the inflammation of explosive substances which have notbeen kept in a safe and adequate place;(2) By excessive smoke, which may be harmful to persons or property;(3) By the falling of trees situated at or near highways or lanes, if not caused byforce majeure;(4) By emanations from tubes, canals, sewers or deposits of infectious matter,constructed without precautions suitable to the place.CC 2192If damages referred to in Articles 2190 and 2191 should be the result of anydefect in the construction mentioned in Article 1723, the third person suffering
  • 34. Page 34 of 70 Notes by: hotjurist 2010 In foro conscientiaedamages may proceed only against the engineer or architect or contractor inaccordance with said article, within the period therein fixed.f. Head of the familyCC 2193The head of a family that lives in a building or a part thereof, is responsible fordamages caused by things thrown or falling from the same.E. Joint and Solidary LiabilityCC 2194The responsibility of two or more persons who are liable for a quasi-delict issolidary.F. Double recovery and civil liability arising from crime1. Distinguished from independent civil actionsCC 2177Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirelyseparate and distinct form the civil liability arising form negligence under thePenal Code. But the plaintiff cannot recover damages twice for the same act oromission of the defendant.CC 31When the civil action is based on an obligation not arising form the act oromission complained of as a felony, such civil action may proceedindependently of the criminal proceedings regardless of the result of the latter.CC 32Any public officer or employee, or any private individual, who directly or indirectlyobstructs, defeats, violates or in any manner impedes or impairs any of thefollowing rights and liberties of another person shall be liable to the latter fordamages:(1) Freedom of religion;
  • 35. Page 35 of 70 Notes by: hotjurist 2010 In foro conscientiae(2) Freedom of speech;(3) Freedom to write for the press or to maintain a periodical publication;(4) Freedom from arbitrary or illegal detention;(5) Freedom of suffrage;(6) The right against deprivation of property without due process of law;(7) The right to a just compensation when private property is taken for public use;(8) The right to the equal protection of the laws;(9) The right to be secure in ones person, house, papers, and effects againstunreasonable searches and seizures;(10)The liberty of abode and of changing the same;(11)The privacy of communication and correspondence;(12)The right to become a member of associations or societies for purposesnot contrary to law;(13)The right to take part in a peaceable assembly to petition the Governmentfor redress of grievances;(14)The right to be free from involuntary servitude in any form;(15)The right of the accused against excessive bail;(16)The right of the accused to be heard by himself and counsel, to be informedof the nature and cause of the accusation against him, to have a speedy andpublic trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;(17)Freedom from being compelled to be a witness against ones self, or frombeing forced to confess guilt, or from being induced by a promise of immunity orreward to make such confession, except when the person confessing becomesa State witness;(18)Freedom from excessive fines, or cruel and unusual punishment, unless thesame is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional;
  • 36. Page 36 of 70 Notes by: hotjurist 2010 In foro conscientiae(19)Freedom to access to the courts.In any of the cases referred to in this article, whether or not the defendants actor omission constitutes a criminal offense, the aggrieved party has a right tocommence an entirely separate and distinct civil action for damages and forother relief. Such civil action shall proceed independently of any criminalprosecution (if the latter be instituted) and may be proved by a preponderance ofevidence.CC 33In cases of defamation, fraud, and physical injuries, a civil action for damages,entirely separate and distinct from the criminal action, may be brought by theinjured party. Such civil action shall proceed independently of the criminalprosecution, shall require only a preponderance of evidence.CC 34When a member of a city or municipal police force refuses or fails to render aidor protection to any person in case of danger to life or property, such peaceofficer shall be primarily liable for damages, and the city or municipality shall besubsidiarily responsible therefor. The civil action herein recognized shall beindependent of any criminal proceedings, and a preponderance of evidenceshall suffice to support such action.Rule 1112. Effect of acquittalCC 29When the accused in a criminal prosecution is acquitted on the ground that hisguilt has not been proved beyond reasonable doubt, a civil action for damagesfor the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court mayrequire the plaintiff to file a bond to answer for damages in case the complaintshould be found to be malicious.If in a criminal case the judgment of acquittal is based upon reasonable doubt,the court shall so declare. In the absence of any declaration to that effect, itmay be inferred from the test of the decision whether or not the acquittal is dueto that ground.
  • 37. Page 37 of 70 Notes by: hotjurist 2010 In foro conscientiae3. Prejudicial questionCC 36Prejudicial questions, which must be decided before any criminal prosecutionmay be instituted or may proceed, shall be governed by rules of court which theSupreme Court shall promulgate and which shall not be in conflict with theprovisions of the Civil Code.Rule 111PART TWO: HUMAN RELATIONSA. Basic principles; abuse of rightCC 19Every person must, in the exercise of his rights and in the performance of hisduties, act with justice, give everyone his due, and observe honesty and goodfaith.CC 20Every person who, contrary to law, willfully or negligently causes damage toanother, shall indemnify the latter for the same.CC 21Any person who willfully causes loss or injury to another in a manner that iscontrary to morals, good customs or public policy shall compensate the latter forthe damage.B. Unjust enrichmentCC 22Every person who through an act of performance by another, or any othermeans, acquires or comes into possession of something at the expense of thelatter without just or legal ground, shall return the same to him.CC 23
  • 38. Page 38 of 70 Notes by: hotjurist 2010 In foro conscientiaeEven when an act or event causing damage to anothers property was not dueto the fault or negligence of the defendant, the latter shall be liable for indemnityif through the act or event he was benefited.CC 2154If something is received when there is no right to demand it, and it was undulydelivered through mistake, the obligation to return it arises.C. Protection of the disadvantagedCC 24In all contractual, property or other relations, when one of the parties is at adisadvantage on account of his moral dependence, ignorance, indigence,mental weakness, tender age or other handicap, the courts must be vigilant forhis protection.CC 1332When one of the parties is unable to read, or if the contract is in a languagenot understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to theformer.D. Ostentatious display of wealthCC 25Thoughtless extravagance in expenses for pleasure or display during a periodof acute public want or emergency may be stopped by order of the courts atthe instance of any government or private charitable institution.E. Respect for dignity, personality, privacy and peace of mind of anotherCC 26Every person shall respect the dignity, personality, privacy and peace of mindof his neighbors and other persons. The following and similar acts, though theymay not constitute a criminal offense, shall produce a cause of action fordamages, prevention and other relief:(1) Prying into the privacy of anothers residence;
  • 39. Page 39 of 70 Notes by: hotjurist 2010 In foro conscientiae(2) Meddling with or disturbing the private life orfamily relations of another;(3) Intriguing to cause another to be alienated from his friends;(4) Vexing or humiliating another on account of his religious beliefs, lowlystation in life, place of birth, physical defect, or other personal condition.F. Dereliction of DutyCC 27Any person suffering material or moral loss because a public servant oremployee refuses or neglects, without just cause, to perform his official dutymay file an action for damages and other relief against the latter, withoutprejudice to any disciplinary administrative action that may be taken.G. Unfair CompetitionCC 28Unfair competition in agricultural, commercial or industrial enterprises or in laborthrough the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by theperson who thereby suffers damage.H. Separate civil actionsViolation of civil rightsCC 32Any public officer or employee, or any private individual, who directly or indirectlyobstructs, defeats, violates or in any manner impedes or impairs any of thefollowing rights and liberties of another person shall be liable to the latter fordamages:(1) Freedom of religion;(2) Freedom of speech;(3) Freedom to write for the press or to maintain a periodical publication;(4) Freedom from arbitrary or illegal detention;
  • 40. Page 40 of 70 Notes by: hotjurist 2010 In foro conscientiae(5) Freedom of suffrage;(6) The right against deprivation of property without due process of law;(7) The right to a just compensation when private property is taken for public use;(8) The right to the equal protection of the laws;(9) The right to be secure in ones person, house, papers, and effects againstunreasonable searches and seizures;(10) The liberty of abode and of changing the same;(11) The privacy of communication and correspondence;(12) The right to become a member of associations or societies for purposesnot contrary to law;(13) The right to take part in a peaceable assembly to petition the Governmentfor redress of grievances;(14) The right to be free from involuntary servitude in any form;(15) The right of the accused against excessive bail;(16) The right of the accused to be heard by himself and counsel, to be informedof the nature and cause of the accusation against him, to have a speedy andpublic trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;(17) Freedom from being compelled to be a witness against ones self, or frombeing forced to confess guilt, or from being induced by a promise of immunity orreward to make such confession, except when the person confessing becomesa State witness;(18) Freedom from excessive fines, or cruel and unusual punishment, unlessthe same is imposed or inflicted in accordance with a statute which has notbeen judicially declared unconstitutional;(19) Freedom to access to the courts.In any of the cases referred to in this article, whether or not the defendants actor omission constitutes a criminal offense, the aggrieved party has a right tocommence an entirely separate and distinct civil action for damages and for
  • 41. Page 41 of 70 Notes by: hotjurist 2010 In foro conscientiaeother relief. Such civil action shall proceed independently of any criminalprosecution (if the latter be instituted) and may be proved by a preponderance ofevidence.Defamation, fraud and physical injuriesCC 33In cases of defamation, fraud, and physical injuries, a civil action for damages,entirely separate and distinct from the criminal action, may be brought by theinjured party. Such civil action shall proceed independently of the criminalprosecution, shall require only a preponderance of evidence.Nonfeasances of policeCC 34When a member of a city or municipal police force refuses or fails to render aidor protection to any person in case of danger to life or property, such peaceofficer shall be primarily liable for damages, and the city or municipality shall besubsidiarily responsible therefor. The civil action herein recognized shall beindependent of any criminal proceedings, and a preponderance of evidenceshall suffice to support such action.When no independent civil action is providedCC 35When a person, claiming to be injured by a criminal offense, charges anotherwith the same, for which no independent civil action is granted in the Civil Codeor any special law, but the justice of the peace finds no reasonable grounds tobelieve that a crime has been committed, or the prosecuting attorney refuses orfails to institute criminal proceedings, the complainant may bring a civil actionfor damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the court mayrequire the plaintiff to file a bond to indemnify the defendant in case thecomplaint shall be found to be malicious.If during the pendency of the civil action, an information should be presentedby the prosecuting attorney, the civil action shall be suspended until thetermination of the criminal proceedings.PART THREE: NUISANCE
  • 42. Page 42 of 70 Notes by: hotjurist 2010 In foro conscientiaeA. DefinitionCC 694A nuisance is any act, omission, establishment, condition of property, or anythingelse which:(1) Injures or endangers the health or safety of others; or(2) Annoys or offends the senses; or(3) Shocks, defies or disregards decency or morality; or(4) Obstructs or interferes with the free passage of any public highway orstreets, or any body of water; or(5) Hinders or impairs the use of property.B. Kinds1. Public or privateCC 695Nuisance is either public or private. A public nuisance affects a community orneighborhood or any considerable number of persons, although the extent of theannoyance, danger or damage upon individuals may be unequal. A privatenuisance is one that is not included in the foregoing definition.C. AbatementCC 696Every successive owner or possessor of property who fails or refuses to abate anuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it.CC 697The abatement of a nuisance does not preclude the right of any person injuredto recover damages for its past existence.CC 698
  • 43. Page 43 of 70 Notes by: hotjurist 2010 In foro conscientiaeLapse of time cannot legalize any nuisance, whether public or private.CC 699The remedies against a public nuisance are:(1) A prosecution under the Penal Code or any local ordinance; or(2) A civil action; or(3) Abatement, without judicial proceedings.CC 700The district health officer shall take care that one or all of the remedies againsta public nuisance are availed of.CC 701If a civil action is brought by reason of the maintenance of a public nuisance,such action shall be commenced by the city or municipal mayor.CC 702The district health officer shall determine whether or not abatement, withoutjudicial proceedings, is the best remedy against a public nuisance.CC 703A private person may file an action on account of public nuisance, if it isspecially injurious to himself.CC 704A private person may abate a public nuisance which is specially injurious tohim by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.But it is necessary:(1) That demand be first made upon the owner or possessor of the property toabate the nuisance;(2) That such demand has been rejected;
  • 44. Page 44 of 70 Notes by: hotjurist 2010 In foro conscientiae(3) That the abatement be approved by the district health officer and executedwith the assistance of the local police; and(4) That the value of the destruction does not exceed three thousand pesos.CC 705The remedies against a private nuisance are:(1) A civil action; or(2) Abatement, without judicial proceedings.CC 706Any person injured by a private nuisance may bate it by removing, or ifnecessary by destroying the thing which constitutes the nuisance, withoutcommitting a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial abatement of a public nuisanceby a private person be followed.CC 707A private person or a public official extrajudicially abating a nuisance shall beliable for damages:(1) If he causes unnecessary injury; or(2) If an alleged nuisance is later declared by the courts to be not a realnuisance.D. Easement against nuisanceCC 682Every building or piece of land is subject to the easement which prohibits theproprietor or possessor from committing nuisance through noise, jarring,offensive odor, smoke, heat, dust, water, glare and other causes.CC 683Subject to zoning, health, police and other laws and regulations, factories andshops may be maintained provided the least possible annoyance is caused tothe neighborhood.
  • 45. Page 45 of 70 Notes by: hotjurist 2010 In foro conscientiaeDAMAGESA. General provisions1. Concept/rulesCC 2195The provisions of this Title shall be respectively applicable to all obligationsmentioned in article 1157.CC 2196The rules under this Title are without prejudice to special provisions ondamages formulated elsewhere in the Civil Code. Compensation for workmenand other employees in case of death, injury or illness is regulated by speciallaws. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with the Civil Code.CC 2197Damages may be:(1) Actual or compensatory;(2) Moral;(3) Nominal;(4) Temperate or moderate(5) Liquidated; or(6) Exemplary or corrective.CC 2198The principles of the general law on damages are hereby adopted insofar asthey are not inconsistent with the Civil Code.2. In labor casesLC 217 (4)Jurisdiction of Labor Arbiters and the Commission_.-- Except as otherwiseprovided under the Labor Code, the Labor Arbiters shall have original andexclusive jurisdiction to hear and decide, within thirty (30) calendar days after
  • 46. Page 46 of 70 Notes by: hotjurist 2010 In foro conscientiaethe submission of the case by the parties for decision without extension, evenin the absence of stenographic notes, the following cases involving all workers,whether agricultural or non-agricultural:4. Claims for actual, moral, exemplary and other forms of damages arisingfrom the employer-employee relations.CC 1701The relation between capital and labor are not merely contractual. They are soimpressed with public interest that labor contracts must yield to the commongood. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.B. Actual or compensatory damages1. RequisitesCC 2219Moral damages may be recovered in the following and analogous cases:(1) A criminal offense resulting in physical injuries;(2) Quasi-delicts causing physical injuries;(3) Seduction, abduction, rape, or other lascivious acts;(4) Adultery or concubinage;(5) Illegal or arbitrary detention or arrest;(6) Illegal search;(7) Libel, slander or any other form of defamation;(8) Malicious prosecution;(9) Acts enumerated in Article 309;(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and35.The parents of the female seduced, abducted, raped, or abused, referred to inNo. 3 of this article, may also recover moral damages.The spouse, descendants, ascendants, and brother and sister may bring theaction mentioned in No. 9 of this article, in the order named.
  • 47. Page 47 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 309Any person who shows disrespect to the dead, or wrongfully interferes with afuneral shall be liable to the family of the deceased for damages, material andmoral.CC 21Any person who willfully causes loss or injury to another in a manner that iscontrary to morals, good customs or public policy shall compensate the latter forthe damage.CC 26Every person shall respect the dignity, personality, privacy and peace of mindof his neighbors and other persons. The following and similar acts, though theymay not constitute a criminal offense, shall produce a cause of action fordamages, prevention and other relief:(1) Prying into the privacy of anothers residence;(2) Meddling with or disturbing the private life or family relations of another;(3) Intriguing to cause another to be alienated from his friends;(4) Vexing or humiliating another on account of his religious beliefs, lowlystation in life, place of birth, physical defect, or other personal condition.CC 27Any person suffering material or moral loss because a public servant oremployee refuses or neglects, without just cause, to perform his official dutymay file an action for damages and other relief against the latter, withoutprejudice to any disciplinary administrative action that may be taken.CC 28Unfair competition in agricultural, commercial or industrial enterprises or in laborthrough the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by theperson who thereby suffers damage.CC 29
  • 48. Page 48 of 70 Notes by: hotjurist 2010 In foro conscientiaeWhen the accused in a criminal prosecution is acquitted on the ground that hisguilt has not been proved beyond reasonable doubt, a civil action for damagesfor the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court mayrequire the plaintiff to file a bond to answer for damages in case the complaintshould be found to be malicious.If in a criminal case the judgment of acquittal is based upon reasonable doubt,the court shall so declare. In the absence of any declaration to that effect, itmay be inferred from the test of the decision whether or not the acquittal is dueto that ground.CC 30When a separate civil action is brought to demand civil liability arising from acriminal offense, and no criminal proceedings are instituted during thependency of the civil case, a preponderance of evidence shall likewise besufficient to prove the act complained of.CC 32Any public officer or employee, or any private individual, who directly or indirectlyobstructs, defeats, violates or in any manner impedes or impairs any of thefollowing rights and liberties of another person shall be liable to the latter fordamages:(1) Freedom of religion;(2) Freedom of speech;(3) Freedom to write for the press or to maintain a periodical publication;(4) Freedom from arbitrary or illegal detention;(5) Freedom of suffrage;(6) The right against deprivation of property without due process of law;(7) The right to a just compensation when private property is taken for public use;(8) The right to the equal protection of the laws;(9) The right to be secure in ones person, house, papers, and effects againstunreasonable searches and seizures;
  • 49. Page 49 of 70 Notes by: hotjurist 2010 In foro conscientiae(10) The liberty of abode and of changing the same;(11) The privacy of communication and correspondence;(12) The right to become a member of associations or societies for purposesnot contrary to law;(13) The right to take part in a peaceable assembly to petition the Governmentfor redress of grievances;(14) The right to be free from involuntary servitude in any form;(15) The right of the accused against excessive bail;(16) The right of the accused to be heard by himself and counsel, to be informedof the nature and cause of the accusation against him, to have a speedy andpublic trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;(17) Freedom from being compelled to be a witness against ones self, or frombeing forced to confess guilt, or from being induced by a promise of immunity orreward to make such confession, except when the person confessing becomesa State witness;(18) Freedom from excessive fines, or cruel and unusual punishment, unlessthe same is imposed or inflicted in accordance with a statute which has notbeen judicially declared unconstitutional;(19) Freedom to access to the courts.In any of the cases referred to in this article, whether or not the defendants actor omission constitutes a criminal offense, the aggrieved party has a right tocommence an entirely separate and distinct civil action for damages and forother relief. Such civil action shall proceed independently of any criminalprosecution (if the latter be instituted) and may be proved by a preponderance ofevidence.CC 34When a member of a city or municipal police force refuses or fails to render aidor protection to any person in case of danger to life or property, such peaceofficer shall be primarily liable for damages, and the city or municipality shall besubsidiarily responsible therefor. The civil action herein recognized shall be
  • 50. Page 50 of 70 Notes by: hotjurist 2010 In foro conscientiaeindependent of any criminal proceedings, and a preponderance of evidenceshall suffice to support such action.CC 35When a person, claiming to be injured by a criminal offense, charges anotherwith the same, for which no independent civil action is granted in the Civil Codeor any special law, but the justice of the peace finds no reasonable grounds tobelieve that a crime has been committed, or the prosecuting attorney refuses orfails to institute criminal proceedings, the complainant may bring a civil actionfor damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the court mayrequire the plaintiff to file a bond to indemnify the defendant in case thecomplaint shall be found to be malicious.If during the pendency of the civil action, an information should be presentedby the prosecuting attorney, the civil action shall be suspended until thetermination of the criminal proceedings.a. pecuniaryb. alleged with certaintyc. proximated. not speculative2. ElementsCC 2200Indemnification for damages shall comprehend not only the value of the losssuffered, but also that of the profits which the obligee failed to obtain.CC 2205Damages may be recovered:(1) For loss or impairment of earning capacity in cases of temporary orpermanent personal injury;(2) For injury to the plaintiffs business standing or commercial credit.a. value of loss/unrealized profit
  • 51. Page 51 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 2200Indemnification for damages shall comprehend not only the value of the losssuffered, but also that of the profits which the obligee failed to obtain.b. attorneys fees/costs of litigationCC 2208In the absence of stipulation, attorneys fees and expenses of litigation, otherthan judicial costs, cannot be recovered except:(1) When exemplary damages are awarded;(2) When the defendants act or omission has compelled the plaintiff to litigatewith third persons or to incur expenses to protect his interest;(3) In criminal cases of malicious prosecution against the plaintiff;(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;(5) Where the defendant acted in gross and evident bad faith in refusing tosatisfy the plaintiffs plainly valid, just and demandable claim;(6) In actions for legal support;(7) In actions for the recovery of wages of household helpers, laborers andskilled workers;(8) In actions for indemnity under workmens compensation and employersliability laws;(9) In a separate civil action to recover civil liability arising from a crime;(10) When at least double judicial costs are awarded;(11) In any other case where the court deems it just and equitable that attorneysfees and expenses of litigation should be recovered.In all cases, the attorneys fees and expenses of litigation must be reasonable.c. interestCC 2209If the obligation consists in the payment of a sum of money, and the debtor incursin delay, the indemnity for damages, there being no stipulation to the contrary,shall be the payment of the interest agreed upon, and in the absence ofstipulation, the legal interest, which is six per cent per annum.CC 2210
  • 52. Page 52 of 70 Notes by: hotjurist 2010 In foro conscientiaeInterest may, in the discretion of the court, be allowed upon damages awardedfor breach of contract.CC 2211In crimes and quasi-delicts, interest as a part of the damages may, in propercase be adjudicated in the discretion of the court.CC 2212Interest due shall earn legal interest from the time it is judicially demanded,although the obligation may be silent upon this point.CC 2213Interest cannot be recovered upon unliquidated claims or damages, exceptwhen the demand can be established with reasonable certainty.3. Scope of actual damagesa. in contracts and quasi-contractsCC 2201In contracts and quasi-contracts, the damages for which the obligor who actedin good faith is liable shall be those that are the natural and probableconsequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation wasconstituted.In case of fraud, bad faith, malice or wanton attitude, the obligor shall beresponsible for all damages which may be reasonably attributed to the non-performance of the obligation.CC 2215In contracts, quasi-contracts, and quasi-delicts, the court may equitablymitigate the damages under circumstances other than the case referred to inthe preceding article, as in the following instances:(1) That the plaintiff himself has contravened the terms of the contract;(2) That the plaintiff has derived some benefit as a result of the contract;
  • 53. Page 53 of 70 Notes by: hotjurist 2010 In foro conscientiae(3) In cases where exemplary damages are to be awarded, that the defendantacted upon the advice of counsel;(4) That the loss would have resulted in any event;(5) That since the filing of the action, the defendant has done his best tolessen the plaintiffs loss or injury.b. in delicts and quasi-delictsc. in delicts and quasi-delicts resulting in deathC. Moral DamagesCC 2217Moral damages include physical suffering, mental anguish, fright, serious anxiety,besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendants wrongfulact for omission.CC 2218In the adjudication of moral damages, the sentimental value of property, real orpersonal may be considered.1. When recoverableCC 2219Moral damages may be recovered in the following and analogous cases:(1) A criminal offense resulting in physical injuries;(2) Quasi-delicts causing physical injuries;(3) Seduction, abduction, rape, or other lascivious acts;(4) Adultery or concubinage;(5) Illegal or arbitrary detention or arrest;(6) Illegal search;(7) Libel, slander or any other form of defamation;(8) Malicious prosecution;(9) Acts enumerated in Article 309;(10) Acts and actions referred to in Articles 21, 26, 27, 28,29, 30, 32, 34, and 35.
  • 54. Page 54 of 70 Notes by: hotjurist 2010 In foro conscientiaeThe parents of the female seduced, abducted, raped, or abused, referred to inNo. 3 of this article, may also recover moral damages.The spouse, descendants, ascendants, and brother and sister may bring theaction mentioned in No. 9 of this article, in the order named.CC 309Any person who shows disrespect to the dead, or wrongfully interferes with afuneral shall be liable to the family of the deceased for damages, material andmoral.CC 21Any person who willfully causes loss or injury to another in a manner that iscontrary to morals, good customs or public policy shall compensate the latter forthe damage.CC 26Every person shall respect the dignity, personality, privacy and peace of mindof his neighbors and other persons. The following and similar acts, though theymay not constitute a criminal offense, shall produce a cause of action fordamages, prevention and other relief: (1) Prying into the privacy of anothers residence; (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowlystation in life, place of birth, physical defect, or other personal condition.CC 27Any person suffering material or moral loss because a public servant oremployee refuses or neglects, without just cause, to perform his official dutymay file an action for damages and other relief against the latter, withoutprejudice to any disciplinary administrative action that may be taken.CC 28
  • 55. Page 55 of 70 Notes by: hotjurist 2010 In foro conscientiaeUnfair competition in agricultural, commercial or industrial enterprises or in laborthrough the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by theperson who thereby suffers damage.CC 29When the accused in a criminal prosecution is acquitted on the ground that hisguilt has not been proved beyond reasonable doubt, a civil action for damagesfor the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court mayrequire the plaintiff to file a bond to answer for damages in case the complaintshould be found to be malicious.If in a criminal case the judgment of acquittal is based upon reasonable doubt,the court shall so declare. In the absence of any declaration to that effect, it maybe inferred from the test of the decision whether or not the acquittal is due tothat ground.CC 30When a separate civil action is brought to demand civil liability arising from acriminal offense, and no criminal proceedings are instituted during the pendencyof the civil case, a preponderance of evidence shall likewise be sufficient to provethe act complained of.CC 32Any public officer or employee, or any private individual, who directly or indirectlyobstructs, defeats, violates or in any manner impedes or impairs any of thefollowing rights and liberties of another person shall be liable to the latter fordamages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for publicuse; (8) The right to the equal protection of the laws; (9) The right to be secure in ones person, house, papers, and effects againstunreasonable searches and seizures;
  • 56. Page 56 of 70 Notes by: hotjurist 2010 In foro conscientiae (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposesnot contrary to law; (13) The right to take part in a peaceable assembly to petition the Governmentfor redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to beinformed of the nature and cause of the accusation against him, to have aspeedy and public trial, to meet the witnesses face to face, and to havecompulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against ones self, or frombeing forced to confess guilt, or from being induced by a promise of immunity orreward to make such confession, except when the person confessing becomesa State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unlessthe same is imposed or inflicted in accordance with a statute which has notbeen judicially declared unconstitutional; (19) Freedom to access to the courts.In any of the cases referred to in this article, whether or not the defendants actor omission constitutes a criminal offense, the aggrieved party has a right tocommence an entirely separate and distinct civil action for damages and forother relief. Such civil action shall proceed independently of any criminalprosecution (if the latter be instituted) and may be proved by a preponderance ofevidence.CC 34When a member of a city or municipal police force refuses or fails to render aidor protection to any person in case of danger to life or property, such peaceofficer shall be primarily liable for damages, and the city or municipality shall besubsidiarily responsible therefor. The civil action herein recognized shall beindependent of any criminal proceedings, and a preponderance of evidenceshall suffice to support such action.CC 35When a person, claiming to be injured by a criminal offense, charges anotherwith the same, for which no independent civil action is granted in the Civil Codeor any special law, but the justice of the peace finds no reasonable grounds tobelieve that a crime has been committed, or the prosecuting attorney refuses orfails to institute criminal proceedings, the complainant may bring a civil actionfor damages against the alleged offender. Such civil action may be supported by
  • 57. Page 57 of 70 Notes by: hotjurist 2010 In foro conscientiae a preponderance of evidence. Upon the defendants motion, the court mayrequire the plaintiff to file a bond to indemnify the defendant in case thecomplaint shall be found to be malicious.If during the pendency of the civil action, an information should be presentedby the prosecuting attorney, the civil action shall be suspended until thetermination of the criminal proceedings.CC 2220Willful injury to property may be a legal ground for awarding moral damages ifthe court should find that, under the circumstances, such damages are justlydue. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.2. When not recoverablesee casesF. Liquidated DamagesCC 2226Liquidated damages are those agreed upon by the parties to a contract, to bepaid in case of breach thereof.CC 2227Liquidated damages, whether intended as an indemnity or a penalty, shall beequitably reduced if they are iniquitous or unconscionable.CC 2228When the breach of the contract committed by the defendant is not the onecontemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.cf 1226In obligations with a penal clause, the penalty shall substitute for the damagesand the payment of interests in case of non-compliance if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligorrefuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
  • 58. Page 58 of 70 Notes by: hotjurist 2010 In foro conscientiaeThe penalty may be enforced only when it is demandable in accordance with theprovision of the Civil Code.1227The debtor cannot exempt himself from the performance of the obligation bypaying the penalty unless such right has been expressly reserved or him.The creditor cannot demand both the fulfillment of the obligation and the paymentof the penalty at the same time unless this right is clearly granted to him.However, if after the creditor has decided to require the fulfillment of theobligation, the performance thereof should become impossible without his fault,the penalty may be enforced.1228Proof of actual damages suffered by the creditor is not necessary in order thatthe penalty may be demanded.1229 (Reduction of Penalty)The judge shall equitably reduce the penalty when the principal obligation hasbeen partly or irregularly complied with by the debtor. Even if there has been noperformance, the penalty may also be reduced by the courts if it is iniquitous orunconscionable.1230The nullity of the penal clause does not carry the nullity of the principal obligation.The nullity of the principal obligation carries the nullity of the penal clause.H. Graduation of damages1. Duty of injured partyCC 2203The party suffering loss or injury must exercise the diligence of a good fatherof a family to minimize the damages resulting from the act or omission inquestion.
  • 59. Page 59 of 70 Notes by: hotjurist 2010 In foro conscientiae2. Rules in graduating damages3. Non co-existenceTITLE XVIII - DAMAGESChapter IGeneral ProvisionsCC 2195The provisions of this Title shall be respectively applicable to all obligationsmentioned in article 1157.CC 2196The rules under this Title are without prejudice to special provisions ondamages formulated elsewhere in the Civil Code. Compensation for workmenand other employees in case of death, injury or illness is regulated by speciallaws. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with the Civil Code.CC 2197Damages may be:(1) Actual or compensatory;(2) Moral;(3) Nominal;(4) Temperate or moderate;(5) Liquidated; or(6) Exemplary or corrective.CC 2198The principles of the general law on damages are hereby adopted insofar asthey are not inconsistent with the Civil Code.Chapter 2CC 2199
  • 60. Page 60 of 70 Notes by: hotjurist 2010 In foro conscientiaeExcept as provided by law or by stipulation one is entitled to an adequatecompensation only for such pecuniary loss suffered by him as he has dulyproved. Such compensation is referred to as actual or compensatory damages.CC 2200Indemnification for damages shall comprehend not only the value of the losssuffered, but also that of the profits which the obligee failed to obtain.CC 2201In contracts and quasi-contracts, the damages for which the obligor who actedin good faith is liable shall be those that are the natural and probableconsequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation wasconstituted.In case of fraud, bad faith, malice or wanton attitude, the obligor shall beresponsible for all damages which may be reasonably attributed to the non-performance of the obligation.CC 2202In crimes and quasi-delicts, the defendants shall be liable for all damages whichare the natural and probable consequences of the act or omission which are thenatural and probable consequences of the act or omission complained of. It is notnecessary that such damages have been foreseen by the defendant.CC 2203The party suffering loss or injury must exercise the diligence of a good father of afamily to minimize the damages resulting from the act or omission in question.CC 2204In crimes, the damages to be adjudicated may be respectively increased orlessened according to the aggravating or mitigating circumstances.CC 2205Damages may be recovered:(1) For loss or impairment of earning capacity in cases of temporary orpermanent personal injury;(2) For injury to the plaintiffs business standing or commercial credit.
  • 61. Page 61 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 2206The amount of damages for death caused by a crime or quasi-delict shall be atleast three thousand pesos, even though there may have been mitigatingcircumstances. In addition:(1) The defendant shall be liable for the loss of the earning capacity of thedeceased, and the indemnity shall be paid to the heirs of the latter, suchindemnity shall in every case be assessed and awarded by the court, unlessthe deceased on account of permanent physical disability not caused by thedefendant, had no earning capacity at the time of his death.(2) If the deceased was obliged to give support according to the provisions ofArticle 291, the recipient who is not an heir called to the decedents by the law oftestate or intestate succession, may demand support from the person causingthe death, for a period not exceeding five years, the exact duration to be fixed bythe court.(3) The spouse, legitimate and illegitimate descendants and ascendants of thedeceased may demand moral damages for mental anguish by reason of thedeath of the deceased.CC 2207If the plaintiffs property has been insured, and he has received indemnity fromthe insurance company for the injury or loss arising out of the wrong or breach ofcontract complained of the insurance company shall be subrogated to the rightsof the insured against the wrongdoer or the person who has violated thecontract. If the amount paid by the insurance company does not fully cover theinjury or loss, the aggrievedparty shall be entitled to recover the deficiency from the person causing the lossor injury.CC 2208In the absence of stipulation, attorneys fees and expenses of litigation, otherthan judicial costs, cannot be recovered except:(1) When exemplary damages are awarded;(2) When the defendants act or omission has compelled the plaintiff to litigatewith third persons or to incur expenses to protect his interest;(3) In criminal cases of malicious prosecution against the plaintiff;(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;(5) Where the defendant acted in gross and evident bad faith in refusing tosatisfy the plaintiffs plainly valid, just and demandable claim;
  • 62. Page 62 of 70 Notes by: hotjurist 2010 In foro conscientiae(6) In actions for legal support;(7) In actions for the recovery of wages of household helpers, laborers andskilled workers;(8) In actions for indemnity under workmens compensation and employersliability laws;(9) In a separate civil action to recover civil liability arising from a crime;(10) When at least double judicial costs are awarded;(11) In any other case where the court deems it just and equitable that attorneys fees and expenses of litigation should be recovered.In all cases, the attorneys fees and expenses of litigation must be reasonable.CC 2209If the obligation consists in the payment of a sum of money, and the debtor incursin delay, the indemnity for damages, there being no stipulation to the contrary,shall be the payment of the interest agreed upon, and in the absence ofstipulation, the legal interest, which is six per cent per annum.CC 2210Interest may, in the discretion of the court, be allowed upon damages awardedfor breach of contract.CC 2211In crimes and quasi-delicts, interest as a part of the damages may, in propercase be adjudicated in the discretion of the court.CC 2212Interest due shall earn legal interest from the time it is judicially demanded,although the obligation may be silent upon this point.CC 2213Interest cannot be recovered upon unliquidated claims or damages, exceptwhen the demand can be established with reasonable certainty.CC 2214In quasi-delicts the contributory negligence of the plaintiff shall reduce thedamages that he may recover.CC 2215
  • 63. Page 63 of 70 Notes by: hotjurist 2010 In foro conscientiaeIn contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigatethe damages under circumstances other than the case referred to in thepreceding article, as in the following instances:(1) That the plaintiff himself has contravened the terms of the contract;(2) That the plaintiff has derived some benefit as a result of the contract;(3) In cases where exemplary damages are to be awarded, that the defendantacted upon the advice of counsel;(4) That the loss would have resulted in any event;(5) That since the filing of the action, the defendant has done his best to lessenthe plaintiffs loss or injury.Chapter 3OTHER KINDS OF DAMAGESCC 2216No proof of pecuniary loss is necessary in order that moral, nominal, temperate,liquidated or exemplary damages may be adjudicated. The assessment of suchdamages, except liquidated ones, is left to the discretion of the court, accordingto the circumstances of each case.Section 1. - Moral DamagesCC 2217Moral damages include physical suffering, mental anguish, fright, serious anxiety,besmirched reputation, wounded feelings, moral shock, social humiliation, andsimilar injury. Though incapable of pecuniary computation, moral damages maybe recovered if they are the proximate result of the defendants wrongful act oromission.CC 2218In the adjudication of moral damages, the sentimental value of property, real orpersonal may be considered.CC 2219Moral damages may be recovered in the following and analogous cases:
  • 64. Page 64 of 70 Notes by: hotjurist 2010 In foro conscientiae(1) A criminal offense resulting in physical injuries;(2) Quasi-delicts causing physical injuries;(3) Seduction, abduction, rape, or other lascivious acts;(4) Adultery or concubinage;(5) Illegal or arbitrary detention or arrest;(6) Illegal search;(7) Libel, slander or any other form of defamation;(8) Malicious prosecution;(9) Acts enumerated in Article 309;(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and35.The parents of the female seduced, abducted, raped, or abused, referred to inNo. 3 of this article, may also recover moral damages.The spouse, descendants, ascendants, and brother and sister may bring theaction mentioned in No. 9 of this article, in the order named.CC 309Any person who shows disrespect to the dead, or wrongfully interferes with afuneral shall be liable to the family of the deceased for damages, material andmoral.CC 21Any person who willfully causes loss or injury to another in a manner that iscontrary to morals, good customs or public policy shall compensate the latter forthe damage.CC 26Every person shall respect the dignity, personality, privacy and peace of mind ofhis neighbors and other persons. The following and similar acts, though they maynot constitute a criminal offense, shall produce a cause of action for damages,prevention and other relief:(1) Prying into the privacy of anothers residence;(2) Meddling with or disturbing the private life or family relations of another;(3) Intriguing to cause another to be alienated from his friends;
  • 65. Page 65 of 70 Notes by: hotjurist 2010 In foro conscientiae(4) Vexing or humiliating another on account of his religious beliefs, lowly stationin life, place of birth, physical defect, or other personal condition.CC 27Any person suffering material or moral loss because a public servant oremployee refuses or neglects, without just cause, to perform his official duty mayfile an action for damages and other relief against the latter, without prejudice toany disciplinary administrative action that may be taken.CC 28Unfair competition in agricultural, commercial or industrial enterprises or in laborthrough the use of force, intimidation, deceit, machination or any other unjust,oppressive or highhanded method shall give rise to a right of action by theperson who thereby suffers damage.CC 29When the accused in a criminal prosecution is acquitted on the ground that hisguilt has not been proved beyond reasonable doubt, a civil action for damagesfor the same act or omission may be instituted. Such action requires only apreponderance of evidence. Upon motion of the defendant, the court may requirethe plaintiff to file a bond to answer for damages in case the complaint should befound to be malicious.If in a criminal case the judgment of acquittal is based upon reasonable doubt,the court shall so declare. In the absence of any declaration to that effect, it maybe inferred from the test of the decision whether or not the acquittal is due to thatground.CC 30When a separate civil action is brought to demand civil liability arising from acriminal offense, and no criminal proceedings are instituted during the pendencyof the civil case, a preponderance of evidence shall likewise be sufficient to provethe act complained of.CC 32
  • 66. Page 66 of 70 Notes by: hotjurist 2010 In foro conscientiaeAny public officer or employee, or any private individual, who directly or indirectlyobstructs, defeats, violates or in any manner impedes or impairs any of thefollowing rights and liberties of another person shall be liable to the latter fordamages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for publicuse; (8) The right to the equal protection of the laws; (9) The right to be secure in ones person, house, papers, and effects againstunreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposesnot contrary to law; (13) The right to take part in a peaceable assembly to petition the Governmentfor redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to beinformed of the nature and cause of the accusation against him, to have aspeedy and public trial, to meet the witnesses face to face, and to havecompulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against ones self, or frombeing forced to confess guilt, or from being induced by a promise of immunity orreward to make such confession, except when the person confessing becomesa State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unlessthe same is imposed or inflicted in accordance with a statute which has notbeen judicially declared unconstitutional; (19) Freedom to access to the courts.In any of the cases referred to in this article, whether or not the defendants actor omission constitutes a criminal offense, the aggrieved party has a right tocommence an entirely separate and distinct civil action for damages and forother relief. Such civil action shall proceed independently of any criminalprosecution (if the latter be instituted) and may be proved by a preponderance ofevidence.
  • 67. Page 67 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 34When a member of a city or municipal police force refuses or fails to render aidor protection to any person in case of danger to life or property, such peaceofficer shall be primarily liable for damages, and the city or municipality shall besubsidiarily responsible therefor. The civil action herein recognized shall beindependent of any criminal proceedings, and a preponderance of evidenceshall suffice to support such action.CC 35When a person, claiming to be injured by a criminal offense, charges anotherwith the same, for which no independent civil action is granted in the Civil Codeor any special law, but the justice of the peace finds no reasonable grounds tobelieve that a crime has been committed, or the prosecuting attorney refuses orfails to institute criminal proceedings, the complainant may bring a civil actionfor damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the court mayrequire the plaintiff to file a bond to indemnify the defendant in case thecomplaint shall be found to be malicious.If during the pendency of the civil action, an information should be presentedby the prosecuting attorney, the civil action shall be suspended until thetermination of the criminal proceedings.CC 2220Willful injury to property may be a legal ground for awarding moral damages ifthe court should find that, under the circumstances, such damages are justlydue. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.Section 2. - Nominal DamagesCC 2221Nominal damages are adjudicated in order that a right of the plaintiff, which hasbeen violated or invaded by the defendant, may be indicated or recognized, andnot for the purpose of indemnifying the plaintiff for any loss suffered by him.CC 2222
  • 68. Page 68 of 70 Notes by: hotjurist 2010 In foro conscientiaeThe court may award nominal damages in every obligation arising from anysource enumerated in Articles 1157, or in every case where any property righthas been invaded.CC 2223The adjudication of nominal damages shall preclude further contest upon theright involved and all accessory questions, as between the parties to the suit, ortheir respective heirs and assigns.Section 3. - Temperate or Moderate DamagesCC 2224Temperate or moderate damages, which are more than nominal but less thancompensatory damages, may be recovered when the court finds that somepecuniary loss has been suffered but its amount cannot, from the nature of thecase, be proved with certainty.CC 2225Temperate damages must be reasonable under the circumstances.Section 4. - Liquidated DamagesCC 2226Liquidated damages are those agreed upon by the parties to a contract, to bepaid in case of breach thereof.CC 2227Liquidated damages, whether intended as an indemnity or a penalty, shall beequitably reduced if they are iniquitous or unconscionable.CC 2228When the breach of the contract committed by the defendant is not the onecontemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.Section 5. - Exemplary or Corrective Damages
  • 69. Page 69 of 70 Notes by: hotjurist 2010 In foro conscientiaeCC 2229Exemplary or corrective damages are imposed, by way of example orcorrection for the public good, in addition to the moral, temperate, liquidated orcompensatory damages.CC 2230In criminal offenses, exemplary damages as a part of the civil liability may beimposed when the crime was committed with one or more aggravatingcircumstances. Such damages are separate and distinct from fines and shall bepaid to the offended party.CC 2231In quasi-delicts, exemplary damages may be granted if the defendant acted withgross negligence.CC 2232In contracts and quasi-contracts, the court may award exemplary damages ifthe defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolentmanner.CC 2233Exemplary damages cannot be recovered as a matter of right; the court willdecide whether or not they should be adjudicated.CC 2234When the amount of the exemplary damages need not be proved, the plaintiffmust show that he is entitled to moral, temperate or compensatory damagesbefore the court may consider the question of whether or not exemplarydamages should be awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidateddamages may be recovered, nevertheless, before the court may consider thequestion of granting exemplary in addition to the liquidated damages, the plaintiffmust show that he would be entitled to moral, temperate or compensatorydamages were it not for the stipulation for liquidated damages.CC 2235
  • 70. Page 70 of 70 Notes by: hotjurist 2010 In foro conscientiaeA stipulation whereby exemplary damages are renounced in advance shall benull and void.Give thanks to the Lord for He is good.His love endures forever.(Psalm 136:1)