Torts and-damages

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Notes by: hotjurist 2010
In foro conscientiae

TORTS
(CODAL PROVISIONS)

A. Concept of Quasi-Delict

4. In the New Civil Code

(Damages)

Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a
quasi-delict and is governed by the provision of
Chapter II

(Quasi-Delicts).

CC 1157

Obligations arise from:

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

CC 1162

Obligations derived from quasi-delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by special laws.

5. Distinguished from delict/civil liability arising from delict

Civil liability of a person guilty of felony. Every person criminally liable for a
felony is also civilly liable.

RPC 101

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

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First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts
committed by an imbecile or insane person, and by a person under nine years of
age, or by one over nine but under fifteen years of age, who has acted without
discernment, shall devolve upon those having such person under their legal
authority or control, unless it appears that there was no fault or negligence on
their part.

Should there be no person having such insane, imbecile or minor under his
authority, legal guardianship or control, or if such person be insolvent, said
insane, imbecile, or minor shall respond with their own property, excepting
property exempt from execution in accordance with civil law.

Second. In cases falling within subdivision 4 of Article 11, the persons for whose
benefit the harm has been prevented shall be civilly liable in proportion to the
benefit which they may have received.

The courts shall determine, in sound discretion, the proportionate amount for
which each one shall be liable.

When the respective shares cannot be equitably determined, even
approximately, or when the liability also attaches to the Government, or to the
majority of the inhabitants of the town, and, in all events, whenever the
damages have been caused with the consent of the authorities or their agents,
indemnification shall be made in the
manner prescribed by special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons
using violence or causing the fears shall be primarily liable and secondarily, or, if
there be no such persons, those doing the act shall be liable, saving always
to the latter that part of their property exempt from execution.

RPC 102

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

Innkeepers are also subsidiarily liable for the restitution of goods taken by
robbery or theft within their houses from guests lodging therein, or for the
payment of the value thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing him, of the deposits
of such goods within the inn; and shall furthermore have followed the directions

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which such innkeeper or his representative may have given them with respect
to the care and vigilance over such goods. No liability shall attach in case of
robbery with violence against or intimidation of persons unless committed by the
innkeeper's employees.

RPC 103

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

RPC 104

What is included in civil liability. The civil liability established in Articles 100, 101,
102 and 103 of the RPC includes:
1. Restitution;
2. Reparation of the damaged caused;
3. Indemnification for consequential damages.

RPC 105

Restitution - How made. The restitution of the thing itself must be made
whenever possible, with allowance for any deterioration, or diminution of value
as determined by the court.

The thing itself shall be restored, even though it be found in the possession of
a third person who has acquired by the third person in the manner and under
the requirements which, by law, bar an action for its recovery.

RPC 106

Reparation - How made. The court shall determine the amount of damage,
taking into consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party, and the reparation shall be made
accordingly.

RPC 107

Indemnification - What is included. Indemnification for consequential damages
shall include not only those caused the injured party, but also those suffered by
his family or by a third person by reason of the crime.

RPC 108

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

The action to demand restoration, reparation, and indemnification likewise
descends to the heirs of the person injured.

RPC 109

Share of each person civilly liable. If there are two or more persons civilly liable
for a felony, the courts shall determine the amount for which each must respond.

RPC 110

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

The subsidiary liability shall be enforced, first against the property of the
principals; next, against that of the
accomplices, and, lastly against that of the accessories.

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

RPC 111

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

RPC 112

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

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CC 1231

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

Other causes of extinguishment of obligations, such as annulment, rescission,
fulfillment of a resolutory condition, and prescription, are governed elsewhere in
the Civil Code.

RPC 113

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

CC 29

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

If in a criminal case the judgment of acquittal is based upon reasonable doubt,
the court shall so declare. In the absence of any declaration to that effect, it may
be inferred from the test of the decision whether or not the acquittal is due to that
ground.

CC 30

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

CC 31

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When the civil action is based on an obligation not arising form the act or
omission complained of as a felony, such civil action may proceed independently
of the criminal proceedings regardless of the result of the latter.

CC 33

In cases of defamation, fraud, and physical injuries, a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed independently of the criminal
prosecution, shall require only a preponderance of evidence.

CC 34

When a member of a city or municipal police force refuses or fails to render aid
or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.

CC 35

When a person, claiming to be injured by a criminal offense, charges another
with the same, for which no independent civil action is granted in the Civil Code
or any special law, but the justice of the peace finds no reasonable grounds to
believe that a crime has been committed, or the prosecuting attorney refuses or
fails to institute criminal proceedings, the complainant may bring a civil action
for damages against the alleged offender. Such civil action may be supported by
a preponderance of evidence. Upon the defendants' motion, the court may
require the plaintiff to file a bond to indemnify the defendant in case the
complaint shall be found to be malicious.

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

CC 36

Prejudicial questions, which must be decided before any criminal prosecution
may be instituted or may proceed, shall be governed by rules of court which the
Supreme Court shall promulgate and which shall not be in conflict with the
provisions of the Civil Code.

CC 2177

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Responsibility for fault or negligence under Article 2176 Quasi Delict) is entirely
separate and distinct from the civil liability arising form negligence under the
Penal Code.

But the plaintiff cannot recover damages twice for the same act or omission of
the defendant.

CC 1161

Civil obligations arising from criminal offenses shall be governed by the penal
laws, subject to the provisions of Article 2177, and of the pertinent provisions of
Chapter 2, Preliminary Title, on Human Relations, and of Title XVII (Extra-
Contractual Obligations) of Book IV (Obligations and Contracts), regulating
damages.

Rule 111 (Prosecution of Civil Action)

Section 1.

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

Such civil action includes recovery of indemnity under the RPC, and damages
under Articles 32, 33, 34 and 2176 of the Civil Code arising form the same act or
omission of the accused.

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

The reservation of the right to institute the separate civil action shall be made
before the prosecution starts to present its evidence and under
circumstances affording the offended party a reasonable opportunity to make
such reservation.

In no case may the offended party recover damages twice for the same act or
omission of the accused.

When the offended party seeks to enforce civil liability against the accused by
was of moral, nominal, temperate or exemplary damages, the filing fees for
such civil action as provided in these Rules shall constitute a first lien on the
judgment except in an award for actual damages.

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In cases wherein the amount of damages, other than actual, is alleged in the
complaint or information, the corresponding filing fees shall be paid by the
offended party upon the filing thereof in court for trial.

Section 2

Institution of separate civil action. Except in the
cases provided for in Section 3 hereof, after the criminal action has been
commenced, the civil action which has been reserved cannot be instituted until
final judgment has been rendered in the criminal action.

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

(b) Extinction of the penal action does not carry with it
extinction of the civil, unless the extinction proceeds from a declaration in a final
judgment that the fact from which the civil might arise did not exist.

Section 3

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

Section 4

Judgment in civil action not a bar. -- A final judgment
rendered in a civil action absolving the defendant from civil liability is no bar to a
criminal action.

Section 5

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Elements of prejudicial question. -- The two (2) essential
elements of a prejudicial questions are: (a) the civil action involves an issue
similar or intimately related to the issue raised in the criminal action; and (b) the
resolution of such issue determines whether or not the criminal action may
proceed.

Section 6

Suspension by reason of prejudicial question. -- A petition for suspension of the
criminal action based upon the pendency of a prejudicial question in a civil
action may be filed in the office of the fiscal or the court conducting the
preliminary investigation. When the criminal action has been filed in court for
trial, the petition to suspend shall be filed in the same criminal action at any
time before the prosecution rests.

6. Distinguished from contract/breach of contract

CC 1157

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

CC 1159

Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith.

CC 1170 (Damages)
When guilty of fraud, negligence, delay or contravention of the tenor of
obligations, one is liable for damages.

CC 1172 (Responsibility for negligence)

Responsibility arising from negligence in all obligations is demandable but liability
may be regulated by the courts according to the circumstances.

CC 1173 (Fault/negligence and diligence)

The fault or negligence of an obligor consists in the omission of the diligence
required by the obligation and the circumstances of the persons, time and place.

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When negligence shows bad faith the provisions of Articles 1171 and 2201,
paragraph 2 shall apply.

If the law or the contract does not state the required diligence which is to be
observed in the performance, that which is expected of a good father of a family
shall be required.

CC 1314

Any third person who induces another to violate his contract shall be liable for
damages to the other contracting party.

B. General Principles

CC 19

Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.

CC 20

Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.

CC 21

Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public
policy shall compensate the latter for the damage.

CC 22

Every person who through an act of performance by another, or any other
means, acquires or comes into possession of something at the expense of the
latter without just or legal ground, shall return the same to him.

CC 23

Even when an act or event causing damage to another's property was not due
to the fault or negligence of the defendant, the latter shall be liable for indemnity
if through the act or event he was benefited.

CC 2176 (Damages)

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quasi-delict and is governed by the provision of Chapter II (Quasi-Delicts).

C. Elements of Quasi-Delict

2. Fault or Negligence

a. Concept of fault / negligence

CC 1173

The fault or negligence of an obligor consists in the omission of the diligence
required by the obligation and the circumstances of the persons, time and place.
When negligence shows bad faith the provisions of Articles 1171 and 2201,
paragraph 2 shall apply.

If the law or the contract does not state the required diligence which is to be
observed in the performance, that which is expected of a good father of a family
shall be required.

cf CC 1172

Responsibility arising from negligence in all obligations is demandable but liability
may be regulated by the courts according to the circumstances.

RPC 3

Definition. -- Acts and omissions punishable by law are felonies (delitos)

Felonies are committed not only by means of deceit (dolo) but also by means of
fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or
lack of skill.

RPC 365

Imprudence and negligence

Reckless imprudence consists in voluntarily, but without malice, doing of failing
to do an act from which material damage results by reason of inexcusable lack
of precaution on the part of the person performing of failing to perform such act,

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taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those
cases in which the damage impending to be caused is not immediate nor the
danger clearly manifest.

CC 2177

Responsibility for fault or negligence under Article 2176 (Quasi Delict) is entirely
separate and distinct form the civil liability arising form negligence under the
Penal Code. But the plaintiff cannot recover damages twice for the same act or
omission of the defendant.

CC 2178

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

cf CC 2202

In crimes and quasi-delicts, the defendants shall be liable for all damages
which are natural and probable consequences of the act or omission complained
of. It is not necessary that such damages have been foreseen or could have
reasonably been foreseen by the defendant.

b. Contributory negligence

CC 2179

When the plaintiff's own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages, but the courts
shall mitigate the damages to be awarded

CC 2203

The party suffering loss or injury must exercise the diligence of a good father
of a family to minimize the damages resulting from the act or omission in
question.

CC 2214

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

CC 1762

The contributory negligence of the passenger does not bar recovery of damages
for his death or injuries, if the proximate cause thereof is the negligence of the
common carrier, but the amount of damages shall be equitably reduced.

cf CC 2194

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

c. Last clear chance

CC 1755

A common carrier is bound to carry the passengers safely as far as human care
and foresight can provide, using the utmost diligence of very cautious persons,
with a due regard for all the circumstances.

CC 1756

In case of death of or injuries to passengers, common carriers are presumed
to have been at fault or to have acted negligently, unless they prove that they
observed extraordinary diligence as prescribed in 1733 and 1755.

CC 2184

In motor vehicle mishap, the owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have by the use of due diligence,
prevented the misfortune. It is disputably presumed that a driver was negligent, if
he had been found guilty of reckless driving or violating traffic regulations at
least twice within the next preceding two months.

If the owner was not in the motor vehicle, the provisions of Article 2180 are
applicable.

CC 2185

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Unless there is proof to the contrary, it is presumed that a person driving a
motor vehicle has been negligent if at the time of the mishap, he was violating
any traffic regulation.

CC 2186

Every owner of a motor vehicle shall file with the proper government office a
bond executed by a Government-owned and Controlled corporation or office, to
answer for damages to third persons. The amount of the bond and other terms
shall be fixed by the competent public official.

CC 2180

The obligation imposed by Article 2176 is demandable not only for one's own
acts or omissions, but also for those of persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor
children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated
persons who are under their authority and live in their company.

The owners and managers of an establishment or enterprise are likewise
responsible for damages caused by their employees in the service of the
branches in which the latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry.

The State is responsible in like manner when it acts through a special agent,
but not when the damage has been caused by the official to whom the task
done properly pertains, in which case what is provided in Article 2176 shall be
applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they
remain in their custody.

The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family
to prevent damage.

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

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RPC 11 (4)

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

(4) Any person who, in order to avoid an evil or injury, does an act which causes
damage to another, provided that the following requisites are present:

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

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

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

RPC 12 (4)

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

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

d. Presumption of negligence

CC 2184,

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

applicable.

CC 2185


CC 2188

There is prima facie presumption of negligence on the

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part of the defendant if the death or injury results from his possession of
dangerous weapons or substances, such as firearms and poison, except when
the possession or use thereof is indispensable in his occupation or business.

CC 1755

A common carrier is bound to carry the passengers safely
as far as human care and foresight can provide, using the utmost diligence of
very cautious persons, with a due regard for all the circumstances.

CC 1756

In case of death of or injuries to passengers, common carriers are presumed
to have been at fault or to have acted negligently, unless they prove that they
observed extraordinary diligence as prescribed in 1733 and 1755.

CC 2190

The proprietor of a building or structure is responsible for the damages resulting
from its total or partial collapse, if it should be due to the lack of necessary
repairs.

CC 2193

The head of a family that lives in a building or a part
thereof, is responsible for damages caused by things thrown or falling from the
same.

CC 1723

The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the
structure, the same should collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground. The contractor is likewise
responsible for the damages if the edifice falls, within the same period, on
account of defects in the construction or the use of materials of inferior quality
furnished by him, or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall be solidarily liable
with the contractor.

Acceptance of the building, after completion, does not imply waiver of any of
the causes of action by reason of any defect mentioned in the preceding
paragraph.

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The action must be brought within ten years following the collapse of the building.

f. Assumption of risk

CC 1174

No person shall be liable for unforeseen events or those
foreseen but inevitable unless stipulated in the law or the contract or the
obligation requires the assumption of risk.

(2) Fortuitous event

CC 2215 (4)

In contracts, quasi contracts, and quasi-delicts, the court may equitably
mitigate the damages under circumstances other than the case referred to in
2214 (contributory negligence), as in the following instances:

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

(5) Prescription

CC 1146

The following actions must be instituted within four years:

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

(2) Upon a quasi-delict.

(6) Double recovery

CC 2177


3. Cause of the harm

CC 2179

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shall mitigate the damages to be awarded.

D. Persons liable for quasi-delict

1. The tortfeasor

CC 2176

quasi-delict and is governed by the provision of Chapter II (Quasi-Delicts).

CC 2179

shall mitigate the damages to be awarded.

CC 2181

Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction of the claim.

cf CC 1723

The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the
structure, the same should collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground. The contractor is likewise
responsible for the damages if the edifice falls, within the same period, on
account of defects in the construction or the use of materials of inferior quality
furnished by him, or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall be solidarily liable
with the contractor.

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Acceptance of the building, after completion, does not imply waiver of any of
the causes of action by reason of any defect mentioned in the preceding
paragraph.

The action must be brought within ten years following the collapse of the building.

RPC 205

JUDGMENT RENDERED THROUGH NEGLIGENCE__

1) That the offender is a judge

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

3) That the judgment is manifestly unjust

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

RPC 208

PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE

Acts punished:

1) By maliciously refraining from instituting prosecution against violators of the
law

2) By maliciously tolerating the commission of offenses

Elements of dereliction of duty in the prosecution of offenses:

1) That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute, offenses

2) That there is a dereliction of the duties of his office; that is, knowing the
commission of the crime, he does not cause the prosecution of the criminal or
knowing that a crime is about to be committed, he tolerates its commission

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

RPC 209

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BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF
SECRETS

Acts punished as betrayal of trust by attorney

1) By causing damage to his client either by

a. any malicious breach of professional duty

b. by inexcusable negligence or ignorance

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

3) By undertaking the defense of the opposing party in the same case, without
the consent of his first client, after having undertaken the defense of said first
client or after having received confidential information from said client

RPC 224

EVASION THROUGH NEGLIGENCE

That the offender is a public officer

2) That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment

3) That such prisoner escapes through his negligence

2. Vicarious liability

CC 2180


for the damages caused by the minor children who live in their company.


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applicable.


to prevent damage.

a. Parents

FC 218

The school, its administration and teachers or the individual, entity or institution
engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.

FC 219

Those given the authority and responsibility under the Article 218 shall be
principally and solidarily liable for damages caused by the acts or omissions of
the minor. The parents, guardians or other persons exercising substitute
parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall
not apply if it is proved that they exercised the proper diligence required under
the particular circumstances.

All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.

FC 221

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Parents and other persons exercising parental authority shall be civilly liable for
the injuries and damages caused by the acts or omissions of their
unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law.

RA 6809

The majority age was lowered to 18 years. However, for the purpose of
contracting marriage, and for determining the liability of parents and guardians
for the torts of their minor children or wards under the second and third
paragraphs of Art. 2180 of the Civil Code, majority commences at the age of 21.

CC 2181

Whoever pays for the damage caused by his dependents or
employees may recover from the latter what he has paid or delivered in
satisfaction of the claim.

CC 2182

If the minor or insane person causing damage has no parents or guardians, the
minor or insane person shall be answerable with his own property in an action
against him where a guardian ad litem shall be appointed.

CYWC 58

Torts -- Parents and guardians are responsible for the damage caused by the
child under their parental authority in accordance with the Civil Code.

CYWC 156

Legal Custody -- When any child shall have been committed in accordance with
Article 155 and such child shall have been accepted by the Department of
Social Welfare or any duly licensed child placement agency or individual, the
rights of his natural parents, guardian, or other custodian to exercise parental
authority over him shall cease. Such agency or individual shall be entitled to the
custody and control of such child during his minority, and shall have authority to
care
for, educate, train and place him out temporarily or for the custody and care in a
duly licensed child placement agency. Such agency or individual may intervene
in adoption proceedings in such manner as shall best inure to the child's
welfare.

FC 217

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In case of foundlings, abandoned, neglected or abused children and other
children similarly situated, parental authority shall be entrusted in summary
judicial proceedings to heads of children's homes, orphanages and similar
institutions duly accredited by the proper government agency.

FC 204

The person obliged to give support shall have the option to fulfill the obligation
either by paying the allowance fixed, or by receiving and maintaining in the
family dwelling the person who has a right to receive support. The latter
alternative cannot be availed of in case there is a moral or legal obstacle
thereto.

b. Guardians

FC 216

In default of parents or a judicially appointed guardian, the following persons
shall exercise substitute parental authority over the child in the order indicated:

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

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or
disqualified.

(3) The child's actual custodian, over twenty-one years of age, unless unfit or
disqualified.

Whenever the appointment of a judicial guardian over the property of the child
becomes necessary, the same order of preference shall be observed.

FC 217

In case of foundlings, abandoned, neglected or abused children and other
children similarly situated, parental authority shall be entrusted in summary
judicial proceedings to heads of children's homes, orphanages and similar
institutions duly accredited by the proper government agency.

CC 2181


c. Schools / school administrators / teachers

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FC 218


FC 219




RA 6809

The majority age was lowered to 18 years. However, for the purpose of
contracting marriage, and for determining the liability of parents and guardians
for the torts of their minor children or wards under the second and third
paragraphs of Art. 2180 of the Civil Code, majority commences at the age of 21.

d. Child care institution

FC 218


FC 219


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e. Employers

CC 2180


for the damages caused by the minor children who live in their company.




applicable.


to prevent damage.

CC 2181


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f. The State

CC 44 (1)

The following are juridical persons:

(1) The State and its political subdivisions;

CC 45 (1)

Juridical persons mentioned in Nos. 1 and 2 of Article 44 are governed by the
laws creating or recognizing them.

CC 46

Juridical persons may acquire and possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in conformity with the laws and
regulations of their organization.

3. Particular persons made liable by law

a. Possessor or user of animals

CC 2183

The possessor of an animal or whoever may make use of the same is
responsible for the damage which it may cause, although it may escape or
be lost. This responsibility shall cease only in case the damage should come
from force majeure or from the fault of the person who has suffered damage.

b. Owners / drivers of motor vehicles

CC 2184

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

applicable.

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CC 2185


CC 2186

Every owner of a motor vehicle shall file with the proper government office a
bond executed by a Government owned or controlled corporation or office, to
answer for damages to third persons. The amount of the bond and other terms
shall be fixed by the competent public official.

IC (CMVLI)

c. Manufacturers

CC 2187

Manufacturers and processors of foodstuffs, drinks, toilet articles and similar
goods shall be liable for death or injuries caused by any noxious or harmful
substances used, although no contractual relation exists between them and
the consumers.

CC 1547

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

(1) An implied warranty on the part of the seller that he has a right to sell the
thing at the time when the ownership is to pass, and that the buyer shall from
that time have and enjoy the legal and peaceful possession of the thing;

(2) An implied warranty that the thing shall be free from any hidden faults or
defects, or any charge or encumbrance not declared or known to the buyer.

This article shall not, however, be held to render liable a sheriff, auctioneer,
mortgagee, pledgee, or other person professing to sell by virtue of authority in
fact or law, for the sale of a thing in which a third person has a legal or
equitable interest.

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

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RA 7394: 167

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

Chapter V - LIABILITY OF PRODUCTS AND SERVICES

RA 7394: 97

Liability for the Defective Products.-- Any Filipino or foreign manufacturer,
producer, and any importer, shall be liable for redress, independently of fault,
for damages caused to consumers by defects resulting from design,
manufacture, construction, assembly and erection, formulas and handling and
making up, presentation or packing of their products, as well as for the
insufficient or inadequate information on the use and hazards thereof.

A product is defective when it does not offer the safety rightfully expected of it,
taking relevant circumstances into consideration, including but not limited to:

a) presentation of product;
b) use and hazards reasonably expected of it;
c) the time it was put into circulation.

A product is not considered defective because another better quality product
has been placed in the market.

The manufacturer, builder, producer or importer shall not be held liable when it
evidences:

a) that it did not place the product on the market;
b) that although it did place the product on the market such product has no
defect;
c) that the consumer or a third party is solely at fault.

RA 7394: 98

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Liability of Tradesman or Seller. -- The tradesman /seller is likewise liable,
pursuant to the preceding article when:

a) it is not possible to identify the manufacturer, builder, producer or importer;
b) the product is supplied, without clear identification of the manufacturer,
producer, builder or importer;
c) he does not adequately preserve perishable goods. The party making payment
to the damaged party may exercise the right to recover a part of the whole of
the payment made against the other responsible parties, in accordance with
their part or responsibility in the cause of the damage effected.

RA 7394: 99

Liability for Defective Services. -- The service supplier is liable for redress,
independently of fault, for damages caused to consumers by defects relating to
the rendering of the services, as well as for insufficient or inadequate
information on the fruition and hazards thereof.

The service is defective when it does not provide the safety the consumer
may rightfully expect of it, taking the relevant circumstances into consideration,
including but not limited to:

a) the manner in which it is provided;
b) the result of hazards which may reasonably be expected of it;
c) the time when it was provided.

A service is not considered defective because of the use or introduction of new
techniques.

the supplier of the services shall not be liable when it is proven:

a) that there is no defect in the service rendered;
b) that the consumer or third party is solely at fault.

RA 7394: 100

Liability for Product and Service Imperfection. -- The suppliers of durable or
nondurable consumer products are jointly liable for imperfections in quality that
render the products unfit or inadequate for consumption for which they are
designed or decrease their value, and for those resulting from inconsistency
with the information provided on the container, packaging, labels or publicity
messages/advertisement, with due regard to the variations resulting from their
nature, the consumer being able to demand replacement to the imperfect parts.

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If the imperfection is not corrected within thirty (30) days, the consumer may
alternatively demand at his option:

a) the replacement of the product by another of the same kind, in a perfect state
of use;
b) the immediate reimbursement of the amount paid, with monetary updating,
without prejudice to any losses and damages;
c) a proportionate price reduction.

The parties may agree to reduce or increase the term specified in the
immediately preceding paragraph: but such shall not be less than seven (7) nor
more than one hundred and eighty (180) days.

The consumer may make immediate use of the alternatives under the second
paragraph of this Article when by virtue of the extent of the imperfection, the
replacement of the imperfect parts may jeopardize the product quality or
characteristics, thus decreasing its value.

If the consumer opts for the alternative under subparagraph (a) of the second
paragraph of this Article, and replacement of the product is not possible, it may
be replaced by another of a different kind, mark or model: Provided, That any
difference in price may result thereof shall be supplemented or reimbursed by
the party which caused the damage, without prejudice to the provisions of the
second, third and fourth paragraphs of this Article.

RA 7394: 101

Liability for Product Quantity Imperfection.-- Suppliers are jointly liable for
imperfections in the quantity of the product when, in due regard for variations
inherent thereto, their net content is less than that indicated on the container,
packaging, labeling or advertisement, the consumer having powers to demand,
alternatively, at his own option:

a) the proportionate price;
b) the supplementing of weight or measure differential:
c) the replacement of the product by another of the same kind, mark or model,
without said imperfections;
d) the immediate reimbursement of the amount paid, with monetary updating
without prejudice to losses and damages if any.

The provisions of the fifth paragraph of Article 99 shall apply to this Article.

The immediate supplier shall be liable if the instrument used for weighing or
measuring is not gauged in accordance with official standards.

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RA 7394: 102

Liability for Service Quality Imperfection. -- the service supplier is liable for any
quality imperfections that render the services improper for consumption or
decrease their value, and for those resulting from inconsistency with the
information contained in the offer or advertisement, the consumer being
entitled to demand alternatively at his option:

a) the performance of the services, without any additional cost and when
applicable;
b) the immediate reimbursement of the amount paid, with monetary updating
without prejudice to losses and damages, if any;
c) a proportionate price reduction.

Reperformance of services may be entrusted to duly qualified third parties, at the
supplier's risk and cost.

Improper services are those which prove to be inadequate for purposes
reasonably expected of them and those that fail to meet the provisions of this
Act regulating service rendering.

RA 7394: 103

Repair Service Obligation. -- When services are provided for the repair of any
product, the supplier shall be considered implicitly bound to use adequate, new,
original replacement parts, or those that maintain the manufacturer's technical
specifications unless, otherwise authorized, as regards to the latter by the
customer.

RA 7394: 104

Ignorance of Quality Imperfection. -- The supplier's ignorance of the quality
imperfections due to inadequacy of the products and services does not exempt
him from any liability.

RA 7394: 105

Legal Guarantee of Adequacy.-- The legal guarantee of product or service
adequacy does not require an express instrument or contractual exoneration of
the supplier being forbidden.

RA 7394: 106

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Prohibition in Contractual Stipulation. -- The stipulation in a contract of a clause
preventing, exonerating or reducing the obligation to indemnify for damages
effected, as provided for in this and in the preceding Article, is hereby
prohibited, if there is more than one person responsible for the cause of the
damage, they shall be jointly liable for the redress established in the pertinent
provisions of this Act.

However, if the damage is caused by a component or part incorporated in the
product or service, its manufacturer, builder or importer and the person who
incorporated the component or part are jointly liable.

RA 7394: 107

Penalties. -- Any person who shall violate any provision of this Chapter or its
implementing rules and regulations with respect to any consumer product which
is not food, cosmetic, or hazardous substance shall upon conviction, be subject
to a fine of not less than Five thousand pesos (P5,000) and by imprisonment
of not more than one (1) year or both upon the discretion of the court.

In case of judicial persons, the penalty shall be imposed upon its president,
manager or head. If the offender is an alien, he shall, after payment of fine and
service of sentence, be deported without further deportation proceedings.

d. Local governments

CC 2189

Provinces, cities and municipalities shall be liable for damages for the death of,
or injuries suffered by any person by reason of the defective condition of roads,
streets, bridges, public buildings, and other public works under their control or
supervision.

LGC 15

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

LGC 22 (a)

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Corporate Powers. -- (a) Every local government unit, as a corporation, shall
have the following powers:

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

(2) To sue and be sued;

(3) To have and use a corporate seal;

(4) To acquire and convey real or personal property;

(5) To enter into contracts; and

(6) To exercise such other powers as are granted to corporations, subject to
the limitations provided in the Local Government Code and other laws.

e. Proprietor of building or structure

CC 2190

The proprietor of a building or structure is responsible for the damages resulting
from its total or partial collapse, if it should be due to the lack of necessary
repairs.

CC 2191

Proprietors shall also be responsible for damages caused:

(1) By the explosion of machinery which has not been taken cared of with
due diligence, and the inflammation of explosive substances which have not
been kept in a safe and adequate place;

(2) By excessive smoke, which may be harmful to persons or property;

(3) By the falling of trees situated at or near highways or lanes, if not caused by
force majeure;

(4) By emanations from tubes, canals, sewers or deposits of infectious matter,
constructed without precautions suitable to the place.

CC 2192

If damages referred to in Articles 2190 and 2191 should be the result of any
defect in the construction mentioned in Article 1723, the third person suffering

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damages may proceed only against the engineer or architect or contractor in
accordance with said article, within the period therein fixed.

f. Head of the family

CC 2193

The head of a family that lives in a building or a part thereof, is responsible for
damages caused by things thrown or falling from the same.

E. Joint and Solidary Liability

CC 2194

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

F. Double recovery and civil liability arising from crime

1. Distinguished from independent civil actions

CC 2177


CC 31

When the civil action is based on an obligation not arising form the act or
omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings regardless of the result of the latter.

CC 32

Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:

(1) Freedom of religion;

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(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(6) The right against deprivation of property without due process of law;

(7) The right to a just compensation when private property is taken for public use;

(8) The right to the equal protection of the laws;

(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures;

(10)The liberty of abode and of changing the same;

(11)The privacy of communication and correspondence;

(12)The right to become a member of associations or societies for purposes
not contrary to law;

(13)The right to take part in a peaceable assembly to petition the Government
for redress of grievances;

(14)The right to be free from involuntary servitude in any form;

(15)The right of the accused against excessive bail;

(16)The right of the accused to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy and
public trial, to meet the witnesses face to face, and to have compulsory process
to secure the attendance of witness in his behalf;

(17)Freedom from being compelled to be a witness against one's self, or from
being forced to confess guilt, or from being induced by a promise of immunity or
reward to make such confession, except when the person confessing becomes
a State witness;

(18)Freedom from excessive fines, or cruel and unusual punishment, unless the
same is imposed or inflicted in accordance with a statute which has not been
judicially declared unconstitutional;

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(19)Freedom to access to the courts.

In any of the cases referred to in this article, whether or not the defendant's act
or omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages and for
other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted) and may be proved by a preponderance of
evidence.

CC 33


CC 34

independent of any criminal proceedings, and a preponderance of evidence
shall suffice to support such action.

Rule 111

2. Effect of acquittal

CC 29


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

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3. Prejudicial question

CC 36

Prejudicial questions, which must be decided before any criminal prosecution
may be instituted or may proceed, shall be governed by rules of court which the
Supreme Court shall promulgate and which shall not be in conflict with the
provisions of the Civil Code.

Rule 111

PART TWO: HUMAN RELATIONS

A. Basic principles; abuse of right

CC 19

Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.

CC 20

Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.

CC 21

contrary to morals, good customs or public policy shall compensate the latter for
the damage.

B. Unjust enrichment

CC 22

Every person who through an act of performance by another, or any other
means, acquires or comes into possession of something at the expense of the
latter without just or legal ground, shall return the same to him.

CC 23

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Even when an act or event causing damage to another's property was not due
to the fault or negligence of the defendant, the latter shall be liable for indemnity
if through the act or event he was benefited.

CC 2154

If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises.

C. Protection of the disadvantaged

CC 24

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

CC 1332

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

D. Ostentatious display of wealth

CC 25

Thoughtless extravagance in expenses for pleasure or display during a period
of acute public want or emergency may be stopped by order of the courts at
the instance of any government or private charitable institution.

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

CC 26

Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for
damages, prevention and other relief:

(1) Prying into the privacy of another's residence;

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(2) Meddling with or disturbing the private life or
family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal condition.

F. Dereliction of Duty

CC 27

Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty
may file an action for damages and other relief against the latter, without
prejudice to any disciplinary administrative action that may be taken.

G. Unfair Competition

CC 28

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

H. Separate civil actions

Violation of civil rights

CC 32

damages:





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(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes

(13) The right to take part in a peaceable assembly to petition the Government

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel, to be informed

(17) Freedom from being compelled to be a witness against one's self, or from
a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has not
been judicially declared unconstitutional;

(19) Freedom to access to the courts.


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evidence.

Defamation, fraud and physical injuries

CC 33


Nonfeasances of police

CC 34


When no independent civil action is provided

CC 35


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

PART THREE: NUISANCE

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A. Definition

CC 694

A nuisance is any act, omission, establishment, condition of property, or anything
else which:

(1) Injures or endangers the health or safety of others; or

(2) Annoys or offends the senses; or

(3) Shocks, defies or disregards decency or morality; or

(4) Obstructs or interferes with the free passage of any public highway or
streets, or any body of water; or

(5) Hinders or impairs the use of property.

B. Kinds

1. Public or private

CC 695

Nuisance is either public or private. A public nuisance affects a community or
neighborhood or any considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be unequal. A private
nuisance is one that is not included in the foregoing definition.

C. Abatement

CC 696

Every successive owner or possessor of property who fails or refuses to abate a
nuisance in that property started by a former owner or possessor is liable therefor
in the same manner as the one who created it.

CC 697

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

CC 698

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Lapse of time cannot legalize any nuisance, whether public or private.

CC 699

The remedies against a public nuisance are:

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

(2) A civil action; or

(3) Abatement, without judicial proceedings.

CC 700

The district health officer shall take care that one or all of the remedies against
a public nuisance are availed of.

CC 701

If a civil action is brought by reason of the maintenance of a public nuisance,
such action shall be commenced by the city or municipal mayor.

CC 702

The district health officer shall determine whether or not abatement, without
judicial proceedings, is the best remedy against a public nuisance.

CC 703

A private person may file an action on account of public nuisance, if it is
specially injurious to himself.

CC 704

A private person may abate a public nuisance which is specially injurious to
him by removing, or if necessary, by destroying the thing which constitutes the
same, without committing a breach of the peace, or doing unnecessary injury.
But it is necessary:

(1) That demand be first made upon the owner or possessor of the property to
abate the nuisance;

(2) That such demand has been rejected;

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(3) That the abatement be approved by the district health officer and executed
with the assistance of the local police; and

(4) That the value of the destruction does not exceed three thousand pesos.

CC 705

The remedies against a private nuisance are:

(1) A civil action; or

(2) Abatement, without judicial proceedings.

CC 706

Any person injured by a private nuisance may bate it by removing, or if
necessary by destroying the thing which constitutes the nuisance, without
committing a breach of the peace or doing unnecessary injury. However, it is
indispensable that the procedure for extrajudicial abatement of a public nuisance
by a private person be followed.

CC 707

A private person or a public official extrajudicially abating a nuisance shall be
liable for damages:

(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real
nuisance.

D. Easement against nuisance

CC 682

Every building or piece of land is subject to the easement which prohibits the
proprietor or possessor from committing nuisance through noise, jarring,
offensive odor, smoke, heat, dust, water, glare and other causes.

CC 683

Subject to zoning, health, police and other laws and regulations, factories and
shops may be maintained provided the least possible annoyance is caused to
the neighborhood.

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DAMAGES

A. General provisions

1. Concept/rules

CC 2195

The provisions of this Title shall be respectively applicable to all obligations
mentioned in article 1157.

CC 2196

The rules under this Title are without prejudice to special provisions on
damages formulated elsewhere in the Civil Code. Compensation for workmen
and other employees in case of death, injury or illness is regulated by special
laws. Rules governing damages laid down in other laws shall be observed
insofar as they are not in conflict with the Civil Code.

CC 2197

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

CC 2198

The principles of the general law on damages are hereby adopted insofar as
they are not inconsistent with the Civil Code.

2. In labor cases

LC 217 (4)

Jurisdiction of Labor Arbiters and the Commission_.-- Except as otherwise
provided under the Labor Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide, within thirty (30) calendar days after

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the submission of the case by the parties for decision without extension, even
in the absence of stenographic notes, the following cases involving all workers,
whether agricultural or non-agricultural:

4. Claims for actual, moral, exemplary and other forms of damages arising
from the employer-employee relations.

CC 1701

The relation between capital and labor are not merely contractual. They are so
impressed with public interest that labor contracts must yield to the common
good. Therefore, such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts, closed shop, wages,
working conditions, hours of labor and similar subjects.

B. Actual or compensatory damages

1. Requisites

CC 2219

Moral damages may be recovered in the following and analogous cases:

(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts enumerated in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and
35.

The parents of the female seduced, abducted, raped, or abused, referred to in
No. 3 of this article, may also recover moral damages.

The spouse, descendants, ascendants, and brother and sister may bring the
action mentioned in No. 9 of this article, in the order named.

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CC 309

Any person who shows disrespect to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the deceased for damages, material and
moral.

CC 21

contrary to morals, good customs or public policy shall compensate the latter for
the damage.

CC 26

Every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for
damages, prevention and other relief:

(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal condition.

CC 27

Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty
may file an action for damages and other relief against the latter, without
prejudice to any disciplinary administrative action that may be taken.

CC 28

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

CC 29

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

CC 30

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

CC 32

damages:










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(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes

(13) The right to take part in a peaceable assembly to petition the Government

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel, to be informed

(17) Freedom from being compelled to be a witness against one's self, or from
a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has not
been judicially declared unconstitutional;

(19) Freedom to access to the courts.

evidence.

CC 34


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CC 35


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

a. pecuniary
b. alleged with certainty
c. proximate
d. not speculative

2. Elements

CC 2200

Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain.

CC 2205

Damages may be recovered:
(1) For loss or impairment of earning capacity in cases of temporary or
permanent personal injury;
(2) For injury to the plaintiff's business standing or commercial credit.

a. value of loss/unrealized profit

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CC 2200

Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain.

b. attorney's fees/costs of litigation

CC 2208

In the absence of stipulation, attorney's fees and expenses of litigation, other
than judicial costs, cannot be recovered except:

(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to litigate
with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to
satisfy the plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and
skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's
liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's
fees and expenses of litigation should be recovered.

In all cases, the attorney's fees and expenses of litigation must be reasonable.

c. interest

CC 2209

If the obligation consists in the payment of a sum of money, and the debtor incurs
in delay, the indemnity for damages, there being no stipulation to the contrary,
shall be the payment of the interest agreed upon, and in the absence of
stipulation, the legal interest, which is six per cent per annum.

CC 2210

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Interest may, in the discretion of the court, be allowed upon damages awarded
for breach of contract.

CC 2211

In crimes and quasi-delicts, interest as a part of the damages may, in proper
case be adjudicated in the discretion of the court.

CC 2212

Interest due shall earn legal interest from the time it is judicially demanded,
although the obligation may be silent upon this point.

CC 2213

Interest cannot be recovered upon unliquidated claims or damages, except
when the demand can be established with reasonable certainty.

3. Scope of actual damages

a. in contracts and quasi-contracts

CC 2201

In contracts and quasi-contracts, the damages for which the obligor who acted
in good faith is liable shall be those that are the natural and probable
consequences of the breach of the obligation, and which the parties have
foreseen or could have reasonably foreseen at the time the obligation was
constituted.

In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the non-
performance of the obligation.

CC 2215

In contracts, quasi-contracts, and quasi-delicts, the court may equitably
mitigate the damages under circumstances other than the case referred to in
the preceding article, as in the following instances:

(1) That the plaintiff himself has contravened the terms of the contract;
(2) That the plaintiff has derived some benefit as a result of the contract;

Torts and-damages

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