Torts and Damages

1. TORTS AND DAMAGES
Quasi-delict (Tort)
A quasi-delict or tort is an act or omission which
causes damage to another, there being fault or
negligence, and there being no pre-existing
contractual relationship between the parties. (Art.
2176, NCC)
1. An action for quasi-delict must be brought
within 4 years from the time the cause of
action accrued. (Ferrer vs. Ericta)
2. Art. 2176 covers not only acts committed
with negligence, but also acts which are
voluntary and intentional (i.e. intentional
torts). (Dulay vs. CA, et al., G.R. No.
108017, April 3, 1995)
Requisites for liability for quasi-delict:
1. An act or omission
2. Damage or prejudice
3. A causal relationship between the act or
omission and the damage done
4. No pre-existing contractual relationship
between the parties
Exception: If there is an act that violates
the contract independently of the
contract, the act can give rise to liability
under quasi-delicts. (Air France vs.
Carrascoso, G.R. No. L-21438, September
28, 1966)
A tortfeasor is a person who commands,
instigates, promotes, encourages, advises,
countenances, cooperates in, aids or abets the
commission of a tort, or who approves of it after it
is done, if done for his benefit. (Worcester vs.
Ocampo, G.R. No. L-5932, February 27, 1912)
Proximate Cause
It is that adequate and efficient cause which in the
natural cause of events, and under the particular
circumstances surrounding the case would
naturally produce the event. (Bouvier’s Law
Dictionary, p. 434)
When the plaintiff’s own negligence was the
immediate and proximate cause of his injury, he
cannot recover damages. [If the plaintiff’s
negligence was merely contributory, he can
recover damages, but mitigated.] (Art. 2179, NCC)
Negligence
Negligence is the omission of that degree of
diligence which is required by the nature of the
obligation and corresponding to the circumstances
of persons, time and place. (Art. 1173, NCC)
Test of negligence: Would a prudent man in the
position of the person to whom negligence is
attributed foresee harm to the person injured as a
reasonable consequence of the course about to be
pursued? If so, the law imposes the duty on the
doer to take precaution against its mischievous
results and the failure to do so constitutes
negligence. (Hedy Gan Yu vs. CA, G.R. No. L-
44264, September 10, 1988)
Res ipsa loquitur
Negligence of the alleged wrongdoing may be
inferred from the mere fact that the accident
happened, provided that the occurrence:
1. Is the kind of thing that does not
ordinarily happen without negligence
2. Must have been caused by an agency or
instrumentality within the exclusive
control of the defendant
3. Was not due to contribution or voluntary
action of the plaintiff (Dra. Rodriguez, et
al., vs. CA, et al., G.R. No. 121964, June
17, 1997)
Damnum absque injuria
General
Rule:
One who made use of his own legal
right does no injury, and whatever
damages are caused to another
should be borne solely by him, under
the principle of damnum absque
injuria
Exception: Damnum absque injuria does not
apply when there is an abuse in the
exercise of a person’s right
Abuse of Right
There is an abuse of right when it is exercised
solely to injure or prejudice another. In order to
be liable under the abuse of rights principle, four
elements must concur:
1. Defendant has a legal right or duty
2. Right or duty is exercised or performed in
bad faith
3. Exercise or performance is for the sole
purpose of prejudicing or injuring another
4. Complainant was prejudiced or injured as
a result
Last Clear Chance
Where both parties are guilty of negligence, but
the negligent act of one succeeds that of the other
by an appreciable interval of time, the one who
has the last reasonable opportunity to avoid the
impending harm and fails to do so is chargeable
with the consequences without reference to the
prior negligence of the other party. (Picart vs.
Smith, G.R. No. L-12219, March 15, 1918)

2. The doctrine is applicable only to a vehicular
accident. (De Roy vs. CA, 157 SCRA 757)
Emergency Rule
One who suddenly finds himself in a place of
danger, and is required to act without time to
consider the best means that may be adopted to
avoid the impending danger, is not guilty of
negligence if he fails to adopt what subsequently
and upon reflection may appear to have been a
better method, unless the emergency in which he
finds himself is brought about by his own
negligence. (Hedy Gan Yu vs. CA, G.R. No. L-
44264, September 10, 1988)
Persons Vicariously Liable
Vicarious liability arises in a situation where a
person is not only liable for torts committed by
him, but also for those committed by others with
whom he has a certain relationship and for whom
he is responsible. (Cangco vs. Manila Railroad Co.,
G.R. No. L-12191, October 14, 1918)
1. The father (or, in case of death or
incapacity, the mother): for damages
caused by the minor children who live in
their company
(a) Where the adopters have no
parental authority or control
over the minor at the time of the
incident, and while prior to the
incident the petition for
adoption was filed, the same was
granted after the incident
occurred, the natural parents
should be the ones held liable
(Tamargo, et al., vs. CA, G.R.
No. 85044, June 3, 1992)
2. Guardians: for damages caused by the
minors or incapacitated persons who are
under their authority and live in their
company
3. Owners and managers of an
establishment or enterprise: for damages
caused by their employees in the service
of their branches in which the employees
are employed or on the occasion of their
functions
(a) Special errand (or roving
commission) rule: the employee
continues to be in the service of
his employer even outside his
place of work for as long as he is
performing some errands for the
company outside his working
time (Castilex Industrial Corp.
vs. Vasquez, Jr., G.R. No.
132266, December 21, 1999)
4. Employers: for damages caused by their
employees and household helpers acting
within the scope of their assigned tasks,
even though the employers are not
engaged in any business or industry
(a) The fact that the employee was
not acting within the scope of his
assigned tasks does not relieve
the employer the burden of
rebutting the presumption that
there was negligence on its part
in the selection of its employees
or in its supervision over them
(Filamer Christian Institute vs.
IAC, G.R. No. 75112, August 17,
1992)
(b) The employer can interpose the
defense of due diligence in the
selection and supervision of his
employees (MMTC vs. CA, G.R.
No. 104408, June 21, 1992)
On the term “manager”:
The terms “employers, owners, and
managers of an establishment or
enterprise” do not include the manager of
a corporation because he himself may be
regarded as an employee of the
corporation.
5. The State: when it acts through a special
agent, but not when the damage has been
caused by the official to whom the task
done properly pertains, in which case,
Art. 2176 applies
6. Teachers or heads of establishments of
arts and trades: for damages caused by
their pupils and students or apprentices,
so long as they remain in their custody
(a) Art. 218, Family Code: the
school, its administrators, as
well as teachers and institutions
taking care of minor children,
shall have substitute parental
authority over them as long as
they are under their supervision,
control, and instruction
(b) The liability of a teacher comes
into play only if the student is a
minor (Amadora vs. CA, G.R. No.
L-47745, April 15, 1988)
Vicarious liability ceases when the above-
mentioned persons prove that they observed all
the diligence of a good father of a family to
prevent damage.
Liability of LGUs for Damages
Provinces, cities, and municipalities shall be liable
for damages for the death of or injuries suffered
by any person by reason of the defective condition
of roads, streets, bridges, public buildings, and
other public works under their supervision and
control. (Art. 2189, NCC)
It is not required that the road should belong to
the city, etc., for it is enough it the same be under
its control or supervision. (Jimenez vs. City of
Manila)

3. Liability for Things Thrown Off of Buildings
The head of a family that lives in a building or a
part thereof is responsible for damages caused by
things thrown or falling from the same. (Art. 2193,
NCC)
Joint Tortfeasors
The responsibility of two or more persons who are
liable for a quasi-delict is solidary (Art. 2194) and
the sharing as between such solidary debtors is pro
rata. (Singapore Airlines Ltd. Vs. CA, G.R. No.
107356, March 31, 1995)
Example:
Where the injury caused by a vehicular collision is
due to the concurrent negligence of the drivers of
the colliding vehicles, the drivers and owners
thereof shall be primarily, directly, and solidarily
liable for damages. (MMTC vs. CA, G.R. No.
104408, June 21, 1992)
Damages
Kinds of damages:
1. Moral
2. Exemplary
3. Nominal
4. Temperate
5. Actual
6. Liquidated
Actual Damages
Actual or compensatory damages shall
comprehend not only the value of the loss
suffered, but also that of the profits which the
obligee failed to obtain. (Art. 2200, NCC)
A person is entitled to recover actual damages only
for such pecuniary loss suffered by him as he has
duly proved (Art. 2199, NCC) with a reasonable
amount of certainty. (Jose Ching Sui Yong vs. IAC,
G.R. No. 64398, November 6, 1990)
Single recovery: Actual damages may be
recovered in cases of –
1. Loss or impairment of earning capacity in
cases of temporary or permanent personal
injury
2. Injury to the plaintiff’s business standing
or commercial credit (Art. 2205, NCC)
The courts may mitigate liability in the ff. cases:
1. In case of quasi-delicts: contributory
negligence (Art. 2214, NCC)
2. In contracts, quasi-contracts, and quasi-
delicts:
(a) Plaintiff’s contravention of the
terms of the contract
(b) Plaintiff deriving some benefit as
a result of the contract
(c) Where exemplary damages are
to be awarded, that the
defendant acted upon the advice
of counsel
(d) That the loss would have
resulted in any event
(e) That since the filing of the
action, the defendant has done
his best to lessen the plaintiff’s
loss or injury
Moral Damages
Moral damages include physical suffering, mental
anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable
of pecuniary computation, moral damages may be
recovered if they are the proximate result of the
defendant’s wrongful act or omission. (Art. 2217,
NCC)
1. Awarded only to enable the injured party
to obtain means, diversion, or amusement
that will serve to alleviate the moral
suffering he has undergone, by reason of
the defendant’s culpable action (Radio
Communications vs. Rodriguez, G.R. No.
83768, February 28, 1990)
2. Must be proportionate to the suffering
inflicted (Ibid.)
3. Cannot be awarded in favor of a
corporation (LBC Express, Inc. vs. CA,
G.R. No. 108670, September 21, 1994)
4. Moral damages and their relation to the
defendant’s acts should be satisfactorily
proved by the claimant (People vs.
Manero, et al., G.R. Nos. 86883-85,
January 29, 1993)
Instances when moral damages may be
recovered (Art. 2219, NCC):
1. Criminal offenses resulting in physical
injuries
(a) “Physical injuries” is understood
in its generic sense; includes
consummated, frustrated, or
attempted homicide (Madeja vs.
Caro, G.R. No. L-51183,
December 21, 1983)
2. Quasi-delicts causing physical injuries
3. Seduction, abduction, rape, or other
lascivious acts
(a) The parents of the female raped,
abducted, seduced, or abused
may also recover moral damages
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

4. 9. Acts mentioned in Art. 309 (i.e.
disrespect to the dead, or wrongful
interference with a funeral)
(a) The spouse, descendants,
ascendants, and brothers and
sisters may bring the action
herein, in that order
10. Acts and actions referred to in Arts. 21,
26-30, 32, 34-35
11. Analogous cases
The social and financial standing of a claimant may
be considered in awarding moral damages only if
he or she were subjected to contemptuous conduct
despite the offender’s knowledge of his or her
social and financial standing. (Pantranco North
Express, Inc. vs. Kierulf, et al., G.R. No. 99343,
March 13, 1997)
Nominal Damages
Nominal damages are adjudicated in order that a
right of the plaintiff, which has been violated or
invaded by the defendant, may be vindicated or
recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by
him. (Art. 2221, NCC)
Temperate Damages
Temperate (or moderate) damages, which are
more than nominal but less than actual damages,
may be recovered when the court finds that some
pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved
with certainty. (Art. 2224, NCC)
Liquidated Damages
Liquidated damages are those agreed upon by the
parties to a contract, to be paid in case of breach
thereof. (Art. 2226) The purpose for such is to
prevent breach of obligations between contracting
parties.
The court can reduce liquidated damages, whether
the same was intended as an indemnity or a
penalty, if they are iniquitous or unconscionable.
(Art. 2227, NCC)
Exemplary Damages
Exemplary damages are imposed, by way of
example or correction, for the public good. It can
be awarded only in addition to moral, temperate,
liquidated, or compensatory damages. (Art. 2229,
NCC)
Requisites to justify award:
1. They may be imposed by way of example
or correction only in addition to
compensatory damages, etc., and cannot
be recovered as a matter of right
2. The claimant must first establish his right
to moral, temperate, liquidated, or
compensatory damages
3. The wrongful act must be accompanied by
bad faith and the award would be allowed
only if the guilty party acted in a wanton,
fraudulent, reckless, oppressive, or
malevolent manner (Medelo vs. Gorospe,
G.R. No. 41970, March 25, 1988)
Damages In Case of Death (Art. 2206)
In case of death, the heirs may recover the
following as damages:
1. Actual damages in the amount of P50,000
(People vs. Sison, G.R. No. 86455,
September 14, 1990)
2. Damages for the loss of earning capacity
of the deceased, unless the deceased on
account of permanent physical disability
not caused by the defendant had no
earning capacity at the time of death
3. Support for a period not exceeding 5
years, if the deceased was obliged to give
support
4. Moral damages for mental anguish by
reason of the death of the deceased,
given to the spouse, legitimate and
illegitimate descendants and ascendants