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2021 Torts Reviewer EH 405

The document discusses the concept of quasi-delict under Philippine law. It begins by defining quasi-delict according to Article 2176 of the Civil Code as fault or negligence that causes damage to another party in the absence of a contractual relationship, requiring the negligent party to pay damages. It then discusses key differences between quasi-delict and the common law concept of tort, and provides examples of Supreme Court cases that further illustrate the elements and application of quasi-delict under Philippine law.

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88% found this document useful (8 votes)

6K views79 pages

2021 Torts Reviewer EH 405

Uploaded by

Christine Joy Larino

We take content rights seriously. If you suspect this is your content, claim it here.

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UNIVERSITY OF SAN CARLOS NATURE, SCOPE AND COVERAGE

School of Law & Governance Art. 2176, NCC

TORTS & DAMAGES

Dean Joan S. Largo
ARTICLE 2176. Whoever by act or omission causes
REVIEWER damage to another, there being fault or negligence, is
EH405 AY 2020-2021 obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual
SOURCES: relation between the parties, is called a quasi-delict and
Laws and Jurisprudence on Torts & Damages
is governed by the provisions of this Chapter.
(2020 Edition) by Joan S. Largo, Class Transcripts,
Class Digests
In the Philippines, the concept of torts leans towards its
civil law equivalent of culpa aquiliana based on Article
MODULE ONE 2176 of the Civil Code. The fault or negligence mentioned,
and in the absence of a pre-existing contractual relation
QUASI-DELICT between the parties is called a quasi-delict.
Arts. 2176 - 2194, New Civil Code (NCC)
Elcano v. Hill
INTRODUCTORY CONCEPTS The Court ruled that the civil action for damages is not
barred by the acquittal in the criminal case.
ROLES AND FUNCTIONS OF TORT LAW:
1. Civil Redress/Compensation Firstly, there is a distinction as regards the proof required
2. Optimal Deterrent in a criminal case and a civil case. To find the accused
3. Manner of redressing social grievances guilty in a criminal case, proof of guilt beyond reasonable
4. Risk or Loss Distribution doubt is required. While in a civil case, preponderance of
5. Corrective Justice evidence is sufficient to make the defendant pay in
damages. Furthermore, a civil case for damages on the
The word “tort” came to be adopted in our jurisprudence basis of quasi-delict does is independently instituted from
upon the implantation of American sovereignty in the a criminal act.
Philippines. But there are important differences between
common law on torts obtained in the United States and Thus, the acquittal of Reginald Hill in the criminal case
the law on torts in the Philippines known as quasi-delicts. has not extinguished his liability for quasi-delict.

TORT v. QUASI-DELICT Gashem Shookat Baksh vs. Court of Appeals (1993)

The SC said that where a man's promise to marry is in
TORT QUASI-DELICT fact the proximate cause of the acceptance of his love by
a woman and his representation to fulfill that promise
Origin Common Law Civil Law thereafter becomes the proximate cause of the giving of
herself unto him in a sexual congress, proof that he had,
Scope It is broader as it It is limited to fault in reality, no intention of marrying her and that the
may include or negligence. promise was only a subtle scheme or deceptive device to
intentional acts. entice or inveigle her to accept him and to obtain her
consent to the sexual act, could justify the award of
The concept of wrong It is limited by what damages pursuant to Article 21 not because of such
addressed by tort is the bare letters of promise to marry but because of the fraud and deceit
not limited to what the statute says it behind it and the willful injury to her honor and reputation
the law says it is. It says is (Art. 2176). which followed thereafter. It is essential, however, that
can also be any legal such injury should have been committed in a manner
wrong determined by contrary to morals, good customs or public policy.
declaration of law,
declaration by a Coca-Cola Bottlers Phils., Inc. vs. CA, et al. (1993)
judge from a law or Private respondent filed a complaint for damages against
customs, traditions Petitioner and alleged that the soft drinks sold by her
presented before the contained fiber-like matter and other foreign substances
court. or particles.

According to NAVIDA, exposure to the said chemical

caused ill effects, injuries and illnesses, specifically to QUASI-DELICT DISTINGUISHED FROM
their reproductive system. Thus, these allegations in
the complaints constitute the cause of action of CULPA CRIMINAL
plaintiff claimant that is a quasi-delict. Art. 2177, NCC

Voluntary and negligent acts covered by

quasi-delict ARTICLE 2177. Responsibility for fault or negligence
While quasi-delict is limited to negligent acts or omissions under the preceding article is entirely separate and
and excludes intentional ones, said negligent acts may distinct from the civil liability arising from negligence
cover those which are punishable by law. under the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of the
Article 2176 therefore covers not only acts “not defendant.
punishable by law” but also acts criminal in character. In
other words, culpa aquiliana includes voluntary and Culpa Aquiliana v. Culpa Criminal
negligent acts which may be punishable by law.
Culpa Criminal Culpa Aquiliana
A negligent act that has been made subject of a criminal
case may at the same time be an object of an action for Crimes affecting public Only of private concern
interest
quasi-delict.

Penal Code punishes or Civil Code, by means of

Castillo v. CA (1989) corrects the criminal act indemnification, merely
Culpa aquiliana is a separate legal institutio under the repairs the damage
Civil Code with a substantivity on its own and individuality
that is entirely apart and independent from a delict or Delicts are not as broad Quasi-delicts include all
crime. as quasi-delicts because acts in which any kind of
the former are punished fault or negligence
only if there is a penal law intervenes
clearly covering them

May the civil action for culpa aquiliana and the criminal
action for the same negligent act be filed simultaneously?

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TORTS & DAMAGES | REVIEWER | DEAN LARGO | EH405 | AY 2020 - 2021
Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 2
Rafael Reyes Trucking Corp vs. People (2000) acquittal closes the door on civil liability ex
In negligence cases, the aggrieved party has the choice delicto.
between: 3. However, No. 2 does not close the door on civil
1. An action to enforce civil liability arising from liability arising from quasi delict. It should
crime under Article 100 of the RPC; and continue regardless of the decision of the culpa
2. A separate action for quasi-delict under Article criminal case as these are two separate cases.
2176 of the Civil Code.
This is subject to the proscription on double recovery (Art.
Once the choice is made, the injured party cannot avail 2177).
himself of other remedy because he may not recover
damages twice for the same negligent act or omission of Do you need to reserve the filing of Culpa aquiliana in
the accused. your criminal case?
No, because independent civil action reservation for now
Casupanan v. Laroya (2002) is not needed.
Whether an accused in a pending criminal case for
reckless imprudence can validly file, simultaneously and In the event that the offended party filed these two cases
independently, a separate civil action for quasi-delict simultaneously or one after the other, should the civil
against the private complainant in the criminal case. case for quasi delict be suspended to await the outcome
of the criminal case for the same negligent act?
The Supreme Court held that although these two actions No. Section 2, Rule 111 of the Rules of Criminal Procedure
arose from the same act or omission, they have (on the separate civil action filed to recover liability ex
different causes of action. The criminal case is based delicto) does not apply to independent civil actions
on culpa criminal punishable under the RPC while the civil based on Articles 32, 33, 34 and 2176 of the Civil
case is based on culpa aquiliana actionable under Articles Code, which would proceed independently regardless of
2176 and 2177 of the Civil Code. the filing of the criminal action. It shall require only a
preponderance of evidence subject to the proscription on
Barredo v. Garcia and Almario (1942) double recovery. He will then have to choose which
If the mere filing of culpa criminal will foreclose the favorable judgment to enforce between the two
avenue of filing the aquiliana and vice versa, then you will
destroy the individuality and separateness of these two AS TO LIABILITIES OF EMPLOYER
legal institutions. Under Article 103 of the Revised Penal Code
Liability originates from a delict committed by the
Sps. Santos, et al. vs. Pizardo, et al. (2005) employee who is primarily responsible therefore and upon
Petitioners assert that by the institution of the complaint, whose primary liability his employer’s subsidiary
they seek to recover private respondents' civil liability liability is to be based. Before the employer’s subsidiary
arising from crime. However, RTC dismissed the same, liability may be proceeded against, it is imperative that
declaring that petitioners' cause of action was based on there should be a criminal action whereby the employee’s
quasi delict and should have been brought within four (4) criminal negligence or delict and corresponding liability
years from the time the cause of action accrued. are proved. The conviction of the employee primarily
liable is a condition sine qua non for the employer’s
But SC ruled that petitioners can pursue the remaining subsidiary liability.
avenue opened for them by their reservation, i.e.,the
surviving cause of action ex delicto. This is so because Under Article 2176 and 2180 of the Civil Code
the prescription of the action ex quasi delicto does Liability is based on culpa aquiliana which holds the
not operate as a bar to an action to enforce the civil employer primarily liable for tortious acts of its
liability arising from crime especially as the latter employees subject, however, to the defense that the
action had been expressly reserved. former exercised all the diligence of a good father of the
family in the selection and supervision of the employees.
Manliclic vs. Calaunan (2007)
Rules as to the Effects of Acquittal of the Accused: Although the liability under Article 2180 originates from
1. If the acquittal in the criminal case is based on the negligent act of the employee, the aggrieved party
reasonable doubt, the civil liability ex delicto may may sue the employer directly. In consequence, the
still be determined. civil action for quasi-delict against the employer may
2. If the accused is acquitted in the culpa criminal proceed even without the erring employee being
on the ground that the act on which the criminal impleaded.
charge is based does not exist, then that
forecloses civil liability ex delicto. This kind of

If the law or contract does not state the diligence which

Torres-Madrid Brokerage v FEB Mitsui (2016)
is to be observed in the performance, that which is
In culpa contractual, the plaintiff only needs to establish
expected of a good father of a family shall be required.
the existence of the contract and the obligor's failure to
perform his obligation. It is not necessary for the plaintiff
Culpa Aquiliana v. Culpa Contractual to prove or even allege that the obligor's non-compliance
was due to fault or negligence because Article 1735
Culpa Aquiliana Culpa Contractual
already presumes that the common carrier is negligent.
The common carrier can only free itself from liability by
Negligence is the central The central issue is the
proving that it observed extraordinary diligence. It cannot
issue. Quasi delict springs breach of contract or
discharge this liability by shifting the blame on its agents
primarily from negligence. non-performance of
or servants.
obligation resulting in
breach of the contract.
On the other hand, the plaintiff in culpa aquiliana must
clearly establish the defendant's fault or negligence
The independent element Negligence is the
because this is the very basis of the action. Moreover, if
of the case is negligence incidental question to the
the injury to the plaintiff resulted from the act or omission
main cause of action
of the defendant's employee or servant, the defendant
(what caused the
may absolve himself by proving that he observed the
breach?) because the
diligence of a good father of a family to prevent the
primordial question or
damage.
central issue is the breach
of contract.
Ochoa v G & S Transport (2011)
What is clear from the records is that there existed a
NOTE: You can file a case for culpa aquiliana and culpa contract of carriage between G & S, as the owner and
contractual altogether as alternative cause of action operator of the Avis taxicab, and Jose Marcial, as the
but not cumulative or separately (two separate cases: one passenger of said vehicle. As a common carrier, G & S "is
founded on culpa aquiliana and the other founded on bound to carry Jose Marcial safely as far as human care
culpa contractual). While there may be several rights of and foresight can provide, using the utmost diligence of
action, in this case, there is but a single cause of action. very cautious persons, with due regard for all the
Where there is only one delict or wrong, there is but a circumstances." "In a contract of carriage, it is
single cause of action regardless of the number of rights presumed that the common carrier is at fault or is
that may have been violated belonging to one person. negligent when a passenger dies or is injured. This
statutory presumption may only be overcome by evidence
NOTE: Just because it is culpa contractual does not mean that the carrier exercised extraordinary diligence."
the degree of diligence necessary is extraordinary
diligence. It depends on the kind of contract. If it involves Unfortunately, G & S miserably failed to overcome this
a common carrier, it requires extraordinary diligence, but presumption. The accident which led to Marcial’s death
some contracts do not require extraordinary diligence. was due to the reckless driving and gross negligence of G
& S’ driver, a breach to contract of carriage

__________________________________________________________________________________________________________________
TORTS & DAMAGES | REVIEWER | DEAN LARGO | EH405 | AY 2020 - 2021
Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 4
.
Philippine School of Business Administration v. CA Manila Railroad v La Compania Trasatlantica (1918)
(1992) Culpa, or negligence, may be understood in two different
Obligations arising from quasi-delicts or tort, also known senses, either as culpa, substantive and independent,
as extracontractual obligations, arise only between parties which of itself constitutes the source of an obligation
not otherwise bound by contract, whether express or between two persons not formerly bound by any other
implied. However, this impression has not prevented this obligation; or as an incident in the performance of an
Court from determining the existence of a tort even when obligation which already existed, which cannot be
there obtains a contract. presumed to exist without the other, and which increases
the liability arising from the already existing obligation.
However, in this case, there is no finding that the contract
between the school and Bautista had been breached A typical application of this distinction may be found in
through the former's negligence in providing proper the consequences of a railway accident due to defective
security measures. In other words, a contractual machinery supplied by the employer. His liability to his
relation is a condition sine qua non to the school's employee would arise out of the contract of employment,
liability. The negligence of the school cannot exist that to the passengers out of the contract for passage,
independently on the contract, unless the negligence while that to the injured by-stander would originate in the
occurs under the circumstances set out in Article 21 of the negligent act itself.
Civil Code.
Calalas v Court of Appeals (2000)
Pacis v. Morales In a breach of contract, the action can be prosecuted
This case for damages arose out of the accidental merely by proving the existence of the contract and the
shooting of the petitioners' son. As a gun store owner, the fact that the obligor, in this case the common carrier,
respondent is presumed to be knowledgeable about failed to transport his passenger safely to his destination.
firearms safety and should have known never to keep a
loaded weapon in his store to avoid unreasonable risk of In case of death or injuries to passengers, common
harm or injury to others. carriers are presumed to have been at fault or to have
acted negligently unless they prove that they observed
Respondent has the duty to ensure that all the guns in his extraordinary diligence. This provision necessarily shifts to
store are not loaded. Furthermore, it was not shown in the common carrier the burden of proof. The argument of
this case whether respondent had a License to Repair petitioner that negligence is not the proximate cause is
which authorizes him to repair defective firearms to immaterial because doctrine of proximate cause is
restore its original composition or enhance or upgrade applicable only in actions for quasi-delict, not in
firearms. Clearly, the respondent did not exercise the actions involving breach of contract.
degree of care and diligence required of a good father of a
family, much less the degree of care required of someone In the case at bar, the fact that the passenger was seated
dealing with dangerous weapons, as would exempt him in an "extension seat" placed her in a peril greater than
from liability in this case. that to which the other passengers were exposed.
Therefore, not only was petitioner unable to overcome the
EXCEPTION AS TO THE RULE THAT THERE CAN BE presumption of negligence imposed on him for the injury
NO TORT IN CONTRACTS sustained, but also, the evidence shows he was actually
Jurisprudence has laid down several and exceptions negligent in transporting passengers.
variations, such as in the case of Air France and Regino v.
Pangasinan, where it was declared that there can still Construction Development Corporation of the
be quasi-delict even if there is a contract if the act Philippines vs. Estrella, et al. (2006)
that breaches the contract is in itself, the tort. But if Respondent Rebecca and her granddaughter boarded a
you go by the textual definition of quasi-delict, the BLTB bus. However, they never reached their destination
existence of a contract excludes quasi-delict. because their bus was rammed from behind by a
tractor-truck of petitioner CDCP. They sustained injuries
Air France v Carrascoso due to the accident and later filed a complaint for
Although the relation of passenger and carrier is damages against CDCP, BLTB, Payunan, and Datinguinoo
contractual both in origin and nature, nevertheless, the before the RTC.
act that breaks the contract may also be a tort. The
responsibility of an employer for the tortious act of his The Court held BLTB and its driver solidarily liable with
employees is well settled in law. Air France must answer CDCP and Payunan. In case of injury to a passenger due
for the willful, malevolent act of its manager. to the negligence of the driver of the bus on which he was
riding and of the driver of another vehicle, the drivers as

As in the case of BLTB, private respondents in this case

NEGLIGENCE
and her co-plaintiffs did not stake out their claim against
Art. 1173, New Civil Code (NCC)
the carrier and the driver exclusively on one theory, much
Art. 3, Revised Penal Code (RPC)
less on that of breach of contract alone. After all, it was
permitted for them to allege alternative causes of action
and join as many parties as may be liable on such causes
ARTICLE 1173, NCC. The fault or negligence of the
of action so long as the private respondent and her
obligor consists in the omission of that diligence which
co-plaintiffs do not recover twice for the same injury.
is required by the nature of the obligation and
corresponds with the circumstances of the persons, of
What is clear from the cases is the intent of the plaintiff
the time and of the place. When negligence shows bad
there to recover from both the carrier and the driver, thus
faith, the provisions of articles 1171 and 2201,
justifying the holding that the carrier and the driver were
paragraph 2, shall apply.
jointly and severally liable because their separate and
distinct acts concurred to produce the same injury.
If the law or contract does not state the diligence which
is to be observed in the performance, that which is
Gashem Shookat Baksh v. CA (1993)
expected of a good father of a family shall be required.
The SC said that where a man's promise to marry is in
fact the proximate cause of the acceptance of his love by ARTICLE 3, RPC. Definition. — Acts and omissions
a woman and his representation to fulfill that promise punishable by law are felonies (delitos).
thereafter becomes the proximate cause of the giving of
herself unto him in a sexual congress, proof that he had, Felonies are committed not only by means of deceit
in reality, no intention of marrying her and that the (dolo) but also by means of fault (culpa).
promise was only a subtle scheme or deceptive device to
entice or inveigle her to accept him and to obtain her There is deceit when the act is performed with
consent to the sexual act, could justify the award of deliberate intent; and there is fault when the wrongful
damages pursuant to Article 21 not because of such act results from imprudence, negligence, lack of
promise to marry but because of the fraud and deceit foresight, or lack of skill.
behind it and the willful injury to her honor and reputation
which followed thereafter.
NEGLIGENCE, AS DEFINED.
It is essential, however, that such injury should have Gaid v People (2009)
been committed in a manner contrary to morals, good Negligence has been defined as the failure to observe for
customs or public policy. the protection of the interests of another person that
degree of care, precaution, and vigilance which the
How do we reconcile what the Supreme Court said in the circumstances justly demand, whereby such other person
case of Shookat Baksh with the answer earlier that tort is suffers injury.
broader than quasi-delict?
Dyteban v Jose Ching (2008)
In that case, the SC said tort is indeed broader than The test, as applied to this case, is whether Limbaga, in
quasi-delict, because the latter is founded simply on parking the prime mover, used that reasonable care and
negligence. However, the SC also said that if you compare caution which an ordinary reasonable person would have
the concept of tort with the Philippine system of redress used in the same situation.
of civil wrongs, our system of redress of civil wrong
will be broader than that of tort because it does not The SC found that Limbaga was utterly negligent in
only address the wrong that may arise from law or parking the prime mover askew on the right side of the
customs and traditions but even those that are deemed to national highway. It is common sense that the skewed
be morally wrong on the basis of Articles 19, 20 and 21 parking of the prime mover on the national road posed a
which broadens the redress for civil wrong than that of serious risk to oncoming motorists.
the Anglo-American redress of civil wrong founded on
tort. It was incumbent upon Limbaga to take some measures
to prevent that risk, or at least minimize it. But Limbaga
failed to take proper steps to minimize the risk posed by
the improperly parked prime mover.

Here, the driver did not take the necessary precaution Associated Bank v Tan (2004)
and instead, drove on and bumped the deceased despite The banking business is impressed with public interest.
being aware that he was traversing a commercial center Consequently, the highest degree of diligence is
where pedestrians were crossing the street. expected, and high standards of integrity and
performance are even required of it. By the nature of
DEGREES OF NEGLIGENCE its functions, a bank is under obligation to treat the
1. Slight Negligence - It is the failure to exercise accounts of its depositors with meticulous care.
great or extraordinary care.
Moreover, as a general rule, a bank is liable for the
2. Ordinary Negligence - It is the want of wrongful or tortious acts and declarations of its officers or
ordinary care and diligence, that is, such care agents within the course and scope of their employment.
and diligence as an ordinarily prudent person Jurisprudence has established that the lack of diligence of
would exercise under the same or similar a servant is imputed to the negligence of the employer,
circumstances. when the negligent or wrongful act of the former
proximately results in an injury to a third person; in this
3. Gross Negligence - It is materially greater than case, the depositor.
ordinary negligence, and consists of an entire
absence of care or an absence of even slight care Manila Electric vs Nordec Philippines (2018)
or diligence. It implies a thoughtless disregard It must be underscored that MERALCO has the imperative
for consequences or an indifference to the rights duty to make a reasonable and proper inspection of its
or welfare of others. apparatus and equipment to ensure that they do not
malfunction, and the due diligence to discover and repair
NATURE OF THE CONCEPT defects therein. Failure to perform such duties constitutes
The concept of negligence in itself, is relative and negligence. Hence, MERALCO's failure to discover the
comparative. The degree of care to be exercised depends defect, if any, considering the length of time, amounts to
upon person, place and time. Its application depends inexcusable negligence. Furthermore, as a public utility,
upon the situation of the parties and the degree of care MERALCO has the obligation to discharge its
and vigilance which the circumstances reasonably impose. functions with utmost care and diligence.

__________________________________________________________________________________________________________________
TORTS & DAMAGES | REVIEWER | DEAN LARGO | EH405 | AY 2020 - 2021
Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 7
Pacis v Morales (2010)
SC held that as a gun store owner, respondent is The SC held that the series of negligent acts on the part
presumed to be knowledgeable about firearms safety and of petitioner’s employees were the proximate cause of the
should have known never to keep a loaded weapon in his death of Manuel. Here the Court ruled that the employees
store to avoid unreasonable risk of harm or injury to failed to exercise precaution because even if they were
others. aware of the live cut wire, they did not have the foresight
to realize that the same posed a danger to life and
Respondent has the duty to ensure that all the guns in his property, and that they should have taken the necessary
store are not loaded. Furthermore, it was not shown in precaution to prevent anybody from approaching the live
this case whether respondent had a License to Repair wire.
which authorizes him to repair defective firearms to
restore its original composition or enhance or upgrade Rakes v AG & P
firearms. Clearly, respondent did not exercise the degree Two kinds of culpa:
of care and diligence required of a good father of a family, 1. Culpa (substantive and independent) which
much less the degree of care required of someone dealing on account of its origin, arises in an obligation
with dangerous weapons, as would exempt him from between two persons not formerly bound by any
liability in this case. other obligation.
2. Culpa (as an incident in the performance of
FACTORS TO BE CONSIDERED an obligation) which can not be presumed to
In considering negligence, among the factors to be exist without the other; and which increases the
considered are: liability arising from the already existing
1. His employment or occupation; obligation (culpa contractual).
2. His degree of intelligence;
3. His physical condition; and Ylarde et al. vs. Aquino, et al. (1988)
4. Other circumstances regarding persons, time and A reasonably prudent person would have foreseen that
place. bringing children to an excavation site and more so,
leaving them there all by themselves, may result in an
The diligence with which requires the individual at all accident. An ordinarily careful human being would not
times to govern his conduct varies with the nature of the assume that a simple warning "not to touch the stone" is
situation in which he is placed and with the importance of sufficient to cast away all the serious danger that a huge
the act which he is to perform. concrete block adjacent to an excavation would present to
the children.
Wright v. Manila Electric Company (1914)
Mere intoxication is not negligence, nor does the mere Phil Hawk Corp v Vivian Tan Lee (2010)
fact of intoxication establish a want of ordinary care. If a SC ruled that foreseeability is the fundamental test
person’s conduct is characterized by a proper degree of of negligence and to be negligent, a defendant must
care and prudence, it is immaterial whether he is drunk or have acted or failed to act in such a way that an ordinary
sober. reasonable man would have realized that certain interests
of certain persons were unreasonably subjected to a
DILIGENCE OF A GOOD FATHER OF A FAMILY general but definite class of risks.
Article 1173 of the Civil Code is very clear that if the law
or contract does not state the degree of diligence which is
HAZING AS NEGLIGENCE
to be observed in the performance of an obligation, then
that which is expected of a good father of a family
or ordinary diligence shall be required. Villareal vs People (2012)
Reckless imprudence or negligence consists of a voluntary
Lesser in degree compared to extraordinary diligence act done without malice, from which an immediate
required in common carriers, diligence of a good father of personal harm, injury or material damage results by
a family may be likened to the requirement of ordinary reason of an inexcusable lack of precaution or advertence
diligence. The usual standard of care is such care as a on the part of the person committing it. In this case, the
prudent person would exercise under the circumstances of danger is visible and consciously appreciated by the actor.
a particular case.
The test for determining whether or not a person is
Umali v Bacani negligent in doing an act is as follows: Would a prudent
A three-year-old boy named Manuel Saynes died because man in the position of the person to whom negligence is
of electrocution after being in contact with a broken attributed foresee harm to the person injured as a
electric wire caused by a storm. reasonable consequence of the course about to be

Fernando v Court of Appeals Manila Electric Co. v Remoquillo

To be entitled to damages for an injury resulting from the To hold the defendant liable in damages for the death of
negligence of another, a claimant must establish the Magno, such supposed negligence of the company must
relation between the omission and the damage. He must have been the proximate and principal cause of the
prove that the defendant's negligence was the immediate accident, because if the act of Magno in turning around
and proximate cause of his injury. and swinging the galvanized iron sheet with his hands
was the proximate and principal cause of the
Proximate cause has been defined as that cause, which, electrocution, then his heirs may not recover.
in natural and continuous sequence unbroken by any
efficient intervening cause, produces the injury, and To the SC, it is clear that the principal and proximate
without which the result would not have occurred. Proof of cause of the electrocution was not the electric wire,
such relation of cause and effect is not an arduous one if evidently a remote cause, but rather the reckless and
the claimant did not in any way contribute to the negligent act of Magno in turning around and swinging the
negligence of the defendant. galvanized iron sheet without taking any precaution

To constitute quasi-delict, it is not enough to establish Sanitary Steam Laundry v CA

negligence. It is equally imperative that the fault or It has not been shown how the alleged negligence of the
negligence be the proximate cause of the damage or Cimarron driver contributed to the collision between the
injury suffered by the plaintiff. vehicles. Petitioner has the burden of showing a causal
connection between the injury received and the violation
An act of omission is not the proximate cause of an injury of the Land Transportation and Traffic Code. He must
unless, had it not happened, the injury would not have show that the violation of the statute was the proximate
occurred. or legal cause of the injury OR that it substantially
contributed thereto. Negligence, consisting in whole or in
CONCURRENCE OF EFFICIENT CAUSES part, of violation of law, like any other negligence, is
In order to render a person liable, negligence need not without legal consequence unless it is a CONTRIBUTING
be the sole cause of the injury. It is sufficient that his CAUSE of the injury. Mere allegations of the violation of
negligence, concurring with one of more efficient causes traffic rules are NOT sufficient to discharge said burden.
other than the plaintiff’s, is the proximate cause of the
injury. Mercury Drug v Baking (2007)
The saleslady of the petitioner misread the prescription
Where several causes combine to produce injuries, a for Diamicron as a prescription for Dormicum. Thus, what
person is not relieved from liability because he is was sold to respondent was Dormicum, a potent sleeping
responsible for only one of them, it being sufficient that

ARTICLE 2188. There is prima facie presumption of Mendoza v Soriano, et al. (2007)
negligence on the part of the defendant if the death or The records show that Macasasa violated two traffic rules
injury results from his possession of dangerous under the Land Transportation and Traffic Code. First,
weapons or substances, such as firearms and poison, over speeding. Second, he ran away. He didn’t bother to
except when the possession or use thereof is report to the police or even call a doctor. In this case, SC
indispensable in his occupation or business. held the petitioner primarily and solidarily liable for the
damages caused by Macasasa.
PRESUMPTION OF NEGLIGENCE
● A driver is presumed to be negligent if he has Filipinas Synthetic Fiber v Delos Santos (2011)
been found guilty of reckless driving or violating It was well established that Mejia was driving at a speed
traffic regulations at least twice within the beyond the rate of speed required by law. Given the
preceding two months. circumstances, the allowed rate of speed for Mejia's
● When a bus driver drives at a speed too high or vehicle was 50 kilometers per hour, while the records
violates traffic rules and regulations, the legal show that he was driving at the speed of 70 kilometers
presumption that the bus driver was negligent per hour.
arose.
● Where a driver did not report the accident to the Under the New Civil Code, unless there is proof to the
police, nor did he summon a doctor, he is contrary, it is presumed that a person driving a motor
presumed negligent as at the time of mishap, he vehicle has been negligent if at the time of the mishap, he
was violating traffic rules. was violating any traffic regulation.
● There is prima facie assumption of negligence on
the part of the defendant if the death or injury
results from his possession of dangerous
weapons or substances such as firearms and
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Maao Central Co. v CA (1990)
RES IPSA LOQUITOR
Where the thing which causes injury is shown to be under
the management of the defendant, and the accident is
This literally means “the thing speaks for itself.” such as in the ordinary course of things does not happen
if those who have the management use proper care, it
This is not a presumption, but rather a rule of evidence affords reasonable evidence, in the absence of an
whereby negligence of alleged wrongdoer may be inferred explanation by the defendant, that the accident arose
from the mere fact that accident happened provided from want of care.
character of accident and circumstances attending it leaf
reasonably to belief that in absence of negligence it would FF Cruz & Co. v CA (1988)
not have occurred and that thing which caused injury is Respondent Gregorio Mable requested that a firewall be
shown to have been under management and control of constructed between the shop and private respondents'
alleged wrongdoer. residence. The request was repeated several times but
they fell on deaf ears. And then fire broke out in the
ELEMENTS OF RES IPSA LOQUITOR petitioner's shop. The fire spread to the private
1. There is no direct evidence available to the respondents' house.
plaintiff;
2. The accident is of a kind which does not The facts of the case likewise call for the application of the
ordinarily occur unless someone is negligent; doctrine of res ipsa loquitur, considering that in the
3. The cause of the injury was under the exclusive normal course of operations of a furniture manufacturing
control of the person in charge ; and shop, combustible material such as wood chips, sawdust,
4. Tthe injury suffered must not have been due to paint, varnish and fuel and lubricants for machinery may
any voluntary action or contribution on the part be found thereon.
of the person injured.
Africa v Caltex [Phil] (1966)
When the doctrine is found to be applicable in a case, all There was conflagration involving Caltex. And in that
that the plaintiff must prove is the accident itself. No conflagration, they were not able to establish the cause of
other proof of negligence is required beyond the accident the fire. It engulfed the entire of the whole neighborhood.
itself. The cause that must have caused it was within the
exclusive control of Caltex.
WHEN DOCTRINE CANNOT BE INVOKED
Res ipsa loquitor may not be invoked when direct The SC declared and adopted the doctrine of res ipsa
evidence is available such as: loquitur. This may be applied only if:
1. The plaintiff has knowledge and testifies or 1. There is no direct evidence available to the
presents evidence as to specific act of negligence plaintiff
which is the cause of the injury complained of; 2. The accident is of a kind which does not
2. There is direct evidence as to the precise cause ordinarily occur unless someone is negligent;
of the accident and all the facts and 3. The cause of the injury was under the exclusive
circumstances attendant on the occurrence control of the person in charge and
clearly appear. 4. The injury suffered must not have been due to
any voluntary action or contribution on the part
NOTE: The reason why direct evidence should not be of the person injured.
available for the doctrine to be applicable is because res
ipsa loquitor is premised on the fact that the So the doctrine is applicable if there is no direct
instrumentarily which caused the injury is within the evidence available to the plaintiff. Because no direct
exclusive control of the wrongdoer. Because of this evidence is available, he may be permitted to invoke res
exclusive control, direct evidence is not available at all to ipsa loquitur as a rule of evidence by substantiating the
the injured. elements above mentioned.

RES IPSA LOQUITOR EXCLUSIVE IN QUASI DELICTS In other words, you don’t invoke the doctrine to
Res ipsa loquitor has application only to the law of camouflage your failure to present evidence where
negligence. This doctrine is confined only to cases of pure evidence would have been available or easily obtainable
tort. Thus, it may be applied in cases of quasi delicts only, but you were not able to obtain it. Direct evidence should
and not in quasi- contracts. not be available at all for the doctrine to apply.

Rosit v Davao Doctors Hospital (2015) RULE ON BURDEN OF PROOF

Although generally, expert medical testimony is relied The burden of proving negligence that is the proximate
upon in malpractice suits to prove that a physician has cause of the quasi delict is on the party alleging the same.
done a negligent act or that he has deviated from the
standard medical procedure, when the doctrine of res ipsa The facts constitutive of negligence must be affirmatively
loquitur is availed by the plaintiff, the need for expert established by competent evidence. Thus, if the
medical testimony is dispensed with because the injury negligence is not established, there can be no award for
itself provides the proof of negligence. damages.

First element (of res ipsa loquitur) was proven when Rosit BJDC Construction v Lanuzo (2014)
proved that one of the screws struck his molar. Had Dr. Burden of proof is the duty of a party to present evidence
Gestuvo used the right size of screws, and placed the on the facts in issue necessary to establish his claim or
same in the property locations these would not have defense by the amount of evidence required by law.
struck Rosit’s teeth causing him pain and forcing him to
undergo corrective surgery. It is basic that whoever alleges a fact has the burden of
proving it because a mere allegation is not evidence.
Thus, the first essential requisite is present in this case. Generally, the party who denies has no burden to prove.
Regarding the second element, Dr Gestuvo was the only
one operating on Rosit and he was in charge of his In civil cases, the burden of proof is on the party who
operation. As to the third element, it was not shown that would be defeated if no evidence is given on either side.
Rosit's lung disease could have contributed to the pain.
What is clear is that he suffered because one of the The burden of proof is on the plaintiff if the defendant
screws that Dr. Gestuvo installed hit Rosit's molar. denies the factual allegations of the complaint in the
manner required by the Rules of Court, but it may rest on
the defendant if he admits expressly or impliedly the
DOCTRINE OF COMMON KNOWLEDGE
essential allegations but raises affirmative defense or
defenses, which if proved, will exculpate him from
Borromeo v Family Care Hospital (2016) liability.
The Court said that the doctor in charge and respondent
hospital were not negligent in caring for Lilian. In a
medical malpractice case, the plaintiff has the duty of
proving its elements, namely:
1. a duty of the defendant to his patient;
2. the defendant’s breach of this duty;
3. injury to the patient; and
4. proximate causation between the breach and the
injury suffered. In civil cases, the plaintiff must
prove these elements by a preponderance of
evidence.

Res ipsa loquitur is not applicable when the failure to

observe due care is not immediately apparent to the
layman.

The petitioner cannot invoke the doctrine of res ipsa

loquitur to shift the burden of evidence onto the
respondent. Res ipsa loquitur, literally, "the thing speaks

PLAINTIFF’S OWN NEGLIGENCE

BJDC Construction v. Lanuzo (2014)
Based on the evidence adduced by the Lanuzo heirs,
negligence cannot be fairly ascribed to the company
ARTICLE 2179. When the plaintiff's own negligence considering that it has shown its installation of the
was the immediate and proximate cause of his injury,
necessary warning signs and lights in the project site. In
he cannot recover damages. But if his negligence
was only contributory, the immediate and proximate that context, the fatal accident was not caused by any
cause of the injury being the defendant's lack of due instrumentality within the exclusive control of the
care, the plaintiff may recover damages, but the courts company. In contrast, Balbino had the exclusive control of
shall mitigate the damages to be awarded. how he operated and managed his motorcycle. The
records disclose that he himself did not take the
Paulan v. Sarabia necessary precautions.
Caveat: This case cannot be found. This is based on
digest found online. Exception:
DOCTRINE OF ATTRACTIVE NUISANCE
The law ordinarily provides that the period during which
an action may be brought shall be computed from the
time the right of action accrues, but nothing is provided in THEORY OF IMPLIED INVITATION TO VISIT THE
this respect with regard to an action based on a quasi PREMISES OF ANOTHER
delict, Article 1146 simply provides that the action shall Taylor v. Manila Electric (1910)
be instituted within four years. Alluding to the doctrine of implied invitations to visit the
premises of another, it was said that in the case of young
There being no provision as to when shall the period of children, and other persons not fully sui juris, an implied
four years commence to run, the provision of Article 1150 license might sometimes arise when it would not be on
shall apply, which reads: “The time for prescription for all behalf of others.
kinds of actions, when there is no special provision which
ordains otherwise, shall be counted from the day they The owner’s failure to take reasonable precautions to
may be brought.” Evidently, the day therein referred to is prevent the child from entering premises at a place where
that of the collision, for an action based on a quasi-delict he knows or ought to know that children are accustomed
can be brought now independently of the criminal action to roam about or to which their childish instincts and
and even regardless of the outcome of the latter. impulses are likely to attract them is at least equivalent to
an implied license to enter, and where the child does not
Fe Cayao-Lasam v. Ramolete (2008) enter under such conditions the owner’s failure to make
In order to successfully pursue a claim for medical reasonable precaution to guard the child against the
malpractice, a patient must prove that the physician or injury from unknown or unseen dangers, placed upon
surgeon either failed to do something which a reasonably such premises by the owner, is clearly a breach of duty, a
prudent physician or surgeon would not have done, and negligent omission, for which he may and should be held
that the failure or action caused injury to the patient. responsible, if the child is actually injured, without other
There are four elements involved in medical negligence fault on its part than that it had entered on the premises
cases: duty, breach, injury and proximate causation. of a stranger without his express invitation or permission.

The Court also emphasized that when the complainant DOCTRINE OF ATTRACTIVE NUISANCE
was discharged, respondent advised her to return four (4) Hidalgo Enterprises Inc. v. Balandan et. al (1952)
days after the D&C. This advice was clear in the One who maintains on his premises dangerous
complainant's Discharge Sheet. However, the complainant instrumentalities or appliances of a character likely to
failed to do so. This being the case, the chain of continuity attract children in play, and who fails to exercise ordinary
as required in order that the doctrine of proximate cause care to prevent children from playing therewith or
can be validly invoked was interrupted. Had she returned, resorting thereto, is liable to a child of tender years who is
the respondent could have examined her thoroughly. injured thereby, even if the child is technically a

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Page 13
trespasser in the premises. The attractive nuisance
ASSUMPTION OF RISK
doctrine, however, is generally not applicable to bodies of
(Art. 2179)
water, artificial as well as natural, in the absence of some
unusual condition or artificial feature other than the mere
water and its location General Rule: Under the principle of volenti non fit
injuria neques dolus, one who voluntarily assumes the
NOTE: The doctrine of attractive nuisance has been based risk may not later on ask for damages.
on various theories, such as the theory of implied
invitation, reasonable anticipation, or that the Exception: A person is excused from the force of the
instrumentality or condition constitutes a trap of pitfall rule, that when he voluntarily assents to a known danger
he must abide by the consequences, if an emergency is
Taylor v. Manila Electric (1910) found to exist or if the life or property of another is in
The plaintiff would not have been injured had he not, for peril, or when he seeks to rescue his endangered
his own pleasure and convenience, entered upon property. (Ilocos Norte v. CA)
defendant's premised, and strolled around thereon
without the express permission of the defendant, and had NOTE: Under common law, the application of the doctrine
he not picked up and carried away the property of the of assumption of risk has been held to include instances
defendant which he found on its premises, and had he not where plaintiffs participated in a dangerous sport, or
thereafter deliberately cut open one of the caps and joined a crowd of spectators knowing that they were likely
applied a match to its contents. to become unruly, or submitted to beauty treatment
shops. A person who is sui juris and participates in an
The plaintiff in this case being a trespasser, the athletic event, game or sport, accepts the dangers
defendant's company owed him no duty, and in no case inherent in the activity as far as are obvious or necessary
could be held liable for injuries which would not have
resulted but for the entry of plaintiff on defendant's Afiliada v. Hisole and Hisole
premises. The owner of an animal is answerable only for damages
caused to a stranger, and that for damage caused to the
The negligence of the defendant corporation in leaving the caretaker of the animal the owner would be liable only if
caps exposed on its premises was not the proximate he had been negligent or at fault.
cause of the injury received by the plaintiff, which
therefore was not, properly speaking, "attributable to the The provision of the law names the possessor or user of
negligence of the defendant.” the animal as the person liable for "any damages it may
cause," and this for the obvious reason that the possessor
On the other hand, we are satisfied that plaintiff's action or user has the custody and control of the animal and is
in cutting open the detonating cap and putting a match to therefore the one in a position to prevent it from causing
its contents was the proximate cause of the explosion and damage.
of the resultant injuries inflicted upon the plaintiff, and
that the defendant, therefore, is not civilly responsible for In the present case, the animal was in the custody and
the injuries thus incurred. under the control of the caretaker, who was paid for his
work as such. Obviously, it was the caretaker's business
Hidalgo Enterprises v. Balandan to try to prevent the animal from causing injury or
The reason why a swimming pool or pond or reservoir of damage to anyone, including himself. And being injured
water is not considered an attractive nuisance was lucidly by the animal under those circumstances, was one of the
explained by the Indiana Appellate Court as follows: risks of the occupation which he had voluntarily assumed
"Nature has created streams, lakes and pools which and for which he must take the consequences.
attract children.
Calalas v. CA
Lurking in their waters is always the danger of drowning. The taking of an “extension seat” is not an implied
Against this danger children are early instructed so that assumption of risk on the part of the passenger. The
they are sufficiently presumed to know the danger; and if driver of the passenger jeepney was found negligent for
the owner of private property creates an artificial pool on not exercising extraordinary diligence.
his own property, merely duplicating the work of nature
without adding any new danger, he is not liable because Abrogar v. Cosmos Bottling (2017)
of having created an 'attractive nuisance. The doctrine of assumption of risk means that one
who voluntarily exposes himself to an obvious, known and
appreciated danger assumes the risk of injury that may
result therefrom. It rests on the fact that the person

DOCTRINE OF LAST CLEAR CHANCE;

WHEN THE DOCTRINE DOES NOT APPLY
DOCTRINE OF SUPERVENING NEGLIGENCE;
1. The doctrine does not apply to a case where a
DOCTRINE OF DISCOVERED PERIL;
person is to act instantaneously, and if the injury
OR THE “HUMANITARIAN DOCTRINE”
cannot be avoided by using all means available
after the peril is or should have been discovered.
Ong v. Metropolitan Water District (1958) 2. It also has no application in a case of culpa
A person who has the last clear chance or opportunity of contractual, where neither the contributory
avoiding an accident, notwithstanding the negligent acts negligence of the plaintiff nor his last clear
of his opponent or the negligence of a third person which chance to avoid the loss, would exonerate the
is imputed to his opponent, is considered in law solely defendant from liability.
responsible for the consequences of the accident. 3. Where the claim is founded under Article 2190 of
the Civil Code, the doctrine of “last clear
The doctrine of last clear chance is also known as chance,” which has been applied to vehicular
doctrine of discovered peril, humanitarian doctrine, accidents, was held to be inapplicable to the case
doctrine of intervening negligence, the “known danger TN: Art. 2190 pertains to a proprietor of a
rule”, or the “rule of Davies vs. Mann”. building or structure.

The doctrine presupposes a perilous situation created or Picart v. Smith

existing through the negligence of both parties, but As the defendant started across the bridge, he had the
assumes, and makes it a condition of the application of right to assume that the horse and rider would pass over
the doctrine, that there was a time after the negligence to the proper side; but as he moved toward the center of
occurred when the defendant could have, and the injured the bridge it was demonstrated to his eyes that this would
person could not have, averted the accident. The theory not be done; and he must have perceived that it was too
on which recovery is permitted notwithstanding the late for the horse to cross with safety in front of the
negligence of the plaintiff in exposing himself to injury is moving vehicle.
that such negligence does not in a legal sense contribute
to the injury since it is a remote cause. This change of situation occurred while the automobile
was yet some distance away; and from this moment it

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Page 15
was no longer within the power of the plaintiff to escape
being run down by going to a place of greater safety. The Thus, notwithstanding the antecedent negligence of the
control of the situation had then passed entirely to the petitioner in accepting the post-dated check for deposit, it
defendant; and it was his duty either to bring his car to can seek reimbursement from respondent the amount
an immediate stop or, seeing that there were no other credited to the payee's account covering the check.
persons on the bridge, to take the other side and pass
sufficiently far away from the horse to avoid the danger of Pantranco v. Baesa (1989)
collision. Instead, the defendant ran straight on until he For the doctrine to be applicable, it is necessary to show
was almost upon the horse.When the defendant exposed that the person who allegedly had the last opportunity to
the horse and rider to this danger he was negligent in the avert the accident was aware of the existence of the peril
eyes of the law. or should, with exercise of due care, have been aware of
it. One cannot be expected to avoid an accident or injury
It goes without saying that the plaintiff himself was not if he does not know or could not have known the
free from fault, for he was guilty of antecedent negligence existence of the peril.
in planting himself on the wrong side of the road. But as
already stated, the defendant was also negligent; and in In this case, there is nothing to show that the jeepney
such case the problem always is to discover which agent driver knew of the impending danger. Even assuming that
is immediately and directly responsible. the jeepney driver perceived the danger a few seconds
before the actual collision, he had no opportunity to avoid
It will be noted that the negligent acts of the two parties it. The last clear chance doctrine can never apply where
were not contemporaneous, since the negligence of the the party charged is required to act instantaneously,
defendant succeeded the negligence of the plaintiff by an and if the injury cannot be avoided by the application
appreciable interval. of all means at hand after the peril is or should have
been discovered.
Under these circumstances the law is that the person who
has the last fair chance to avoid the impending harm and People’s Lumber v. IAC (1989)
fails to do so is chargeable with the consequences, From the established facts, the logical conclusion emerges
without reference to the prior negligence of the other that the driver of the jeep has the clear chance to avoid
party. It is enough to say that the negligence of the the accident. The respondents have admitted that the
defendant was in this case the immediate and truck was already at a full stop when the jeep plowed into
determining cause of the accident and that the antecedent it. And they have not seen fit to deny or impugn
negligence of the plaintiff was a more remote factor in the petitioner’s imputation that they also admitted the truck
case. had been brought to a stop while the jeep was still 30
meters away.
Allied Bank v. BPI (2013)
The negligence of the plaintiff does not preclude a From these facts, the logical conclusion emerges that the
recovery for the negligence of the defendant where it driver of the jeep had what judicial doctrine has
appears that the defendant, by exercising reasonable care appropriately called the last clear chance to avoid the
and prudence, might have avoided injurious consequences accident. In those circumstances, his duty was to seize
to the plaintiff notwithstanding the plaintiff's negligence. that opportunity of avoidance, not merely rely on a
supposed right to expect, the truck to swerve and leave
The doctrine necessarily assumes negligence on the part him in a clear path.
of the defendant and contributory negligence on the part
of the plaintiff, and does not apply except upon that De Roy v. CA (1988)
assumption. Article 2190 of the Civil Code: "The proprietor of a
building or structure is responsible for the damage
The antecedent negligence of the plaintiff does not resulting from its total or partial collapse, if it should be
preclude him from recovering damages caused by the due to the lack of necessary repairs."
supervening negligence of the defendant, who had the
last fair chance to prevent the impending harm by the Petitioners’ argument that private respondents had the
exercise of due diligence. "last clear chance" to avoid the accident if only they
heeded the warning to vacate the tailoring shop and,
In this case, the evidence clearly shows that the therefore, petitioners prior negligence should be
proximate cause of the unwarranted encashment of the disregarded, is incorrect since the doctrine of "last clear
subject check was BPI’s negligence who cleared a chance," which has been applied to vehicular accidents, is
post-dated check sent to it through the PCHC clearing inapplicable to this case.
facility without observing its own verification procedure.

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PLDT v. CA (1989) appreciably later in point of time than that of the other, or
The perils of the road were known to them, hence where it is impossible to determine whose fault or
appreciated and assumed by, private respondents. negligence brought about the occurrence of the incident,
the one who had the last clear opportunity to avoid the
By exercising reasonable care and prudence, the impending harm but failed to do so, is chargeable with the
respondent could have avoided the injurious consequences arising therefrom.
consequences of his act, even assuming that there was
some alleged negligence on the part of the petitioner by Stated differently, the rule is that the antecedent
not placing warning signs that there was an excavation. negligence of a person does not preclude recovery of
damages caused by the supervening negligence of the
The omission to perform a duty, such as the placing of latter, who had the last fair chance to prevent the
warning signs on the site of the excavation, constitutes impending harm by the exercise of due diligence.
the proximate cause only when the doing of the said
omitted act would have prevented the injury. It is basic
EMERGENCY RULE
that private respondents cannot charge PLDT for their
injuries where their own failure to exercise due and
reasonable care was the cause thereof. It is both a Gan v. CA (1988)
societal norm and necessity that one should exercise a Under the emergency rule, one who suddenly finds
reasonable degree of caution for his own protection. himself in a place of danger, and is required to act without
time to consider the best means that may be adopted to
Furthermore, the respondent had the last clear chance or avoid the impending danger, is not guilty of negligence, if
opportunity to avoid the accident, notwithstanding the he fails to adopt what subsequently and upon reflection
negligence he imputes to petitioner PLDT. As a resident of may appear to have been a better method, unless the
Lacson Street, he passed on that street almost everyday emergency in which he finds himself is brought about by
and had knowledge of the presence and location of the his own negligence.
excavations there. It was his negligence that exposed him
and his wife to danger, hence he is solely responsible for WHEN NOT APPLICABLE
the consequences of his imprudence. Delsan Transport Lines Inc. v. C&A Construction
(2003)
Echevara v. Ramos (2009) The emergency rule does not apply when the danger in
The doctrine does not apply where the party charged is which he finds himself was caused by his own negligence.
required to act instantaneously, and the injury cannot be
avoided by the application of all means at hand after the Valenzuela v. CA
peril is or should have been discovered. Contributory negligence is the conduct on the part of the
injured party, contributing as a legal cause to the harm he
The doctrine of last clear chance does not apply to this has suffered, which falls below the standard to which he is
case, because even if it can be said that it was Valdez required to conform for his own protection.
who had the last chance to avoid the mishap when the
owner-type jeep encroached on the western lane of the Valenzuela did exercise standard care reasonably dictated
passenger jeep, Valdez no longer had the opportunity to by emergence. It could not be considered as contributory
avoid the collision. to the accident that happened to her. The emergency that
led her to park her car on a sidewalk of Aurora Boulevard
PNR v. Vizcara (2012) was not her fault. It was evident that she took all the
In this case, the proximate cause of the collision was reasonable precautions.
petitioners' negligence in ensuring that motorists and
pedestrians alike may safely cross the railroad track. The Orix Metro Leasing v. Mangalinao (2012)
unsuspecting driver and passengers of the jeepney did The Isuzu is with fault. The smashed front of the Isuzu
not have any participation in the occurrence of the strongly indicates the strong impact of the ramming of the
unfortunate incident which befell them. They did not rear of the Pathfinder that pinned its passengers.
exhibit any overt act manifesting disregard for their own
safety. Thus, absent preceding negligence on the part of Furthermore, Antonio admitted that despite stepping on
the respondents, the doctrine of last clear chance cannot the brakes, the Isuzu still suddenly smashed into the rear
be applied. of the Pathfinder causing extensive damage to it, as well
as hitting the right side of the Fuso. These militate against
Greenstar Express v. Universal Robina (2016) Antonio’s claim that he was driving at a safe speed.
The doctrine of last clear chance provides that where both Clearly, the Isuzu was not within the safe stopping
parties are negligent but the negligent act of one is distance to avoid the Pathfinder in case of emergency.

Considering the wet and slippery condition of the road

DILIGENCE OF A GOOD FATHER OF A FAMILY
that night, Antonio should have been prudent to reduce
his speed and increase his distance from the Pathfinder.
Had he done so, it would be improbable for him to have The proper defense for a person held vicariously liable is
hit the vehicle in front of him or if he really could not the exercise of diligence of a good father of the family.
avoid hitting it, prevent such extensive wreck to the
vehicle in front. NOTE: In vicarious liability of employers, the defense
of “exercise of due care in the selection and supervision of
employee” is applicable only to culpa aquiliana and not
PRESCRIPTION
culpa contractual
(Art. 1150, NCC)

INCOMPLETE/PARTIAL DEFENSE
ARTICLE 1150. The time for prescription for all kinds
of actions, when there is no special provision which DOCTRINE OF CONTRIBUTORY NEGLIGENCE
ordains otherwise, shall be counted from the day they (Art. 2179)
may be brought.

PRESCRIPTION OF ACTION FOR QUASI DELICT ARTICLE 2179. When the plaintiff's own negligence
An action for quasi-delict must be instituted within four was the immediate and proximate cause of his injury,
years. (Art. 1146, NCC). The prescriptive period begins he cannot recover damages. But if his negligence was
from the day the quasi-delict is committed. 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
Capuno v. Pepsi (1965) mitigate the damages to be awarded.
There can be no doubt that the present action is one for
recovery of damages based on a quasi-delict, which action
must be instituted within four (4) years (Article 1146, Rakes v. Atlantic (1997)
Civil Code). The negligence of the injured person contributing to his
injury but not being one of the determining causes of the
Appellants originally sought to enforce their claim principal accident, does not operate as a bar to recovery,
ex-delicto, that is, under the provisions of the Penal Code, but only in reduction of his damages.
when they intervened in the criminal case against Elordi.
The information therein, it may be recalled, was amended Each party is chargeable with damages in proportion to
precisely to include an allegation concerning damages his fault.
suffered by the heirs of the victims of the accident for
which Elordi was being prosecuted. CONTRIBUTORY NEGLIGENCE VS. DOCTRINE OF
LAST CLEAR CHANCE
But appellants' intervention was subsequently disallowed Contributory Doctrine of Last Clear
and they did not appeal from the Court's order to that Negligence Chance
effect.
The act or omission Both parties are guilty of
And when they commenced the civil action on September amounting to want of negligence, but the
26, 1958 the criminal case was still pending, showing that ordinary care on the part negligent act of one
appellants then chose to pursue the remedy afforded by of the person injured succeeds that of the
the Civil Code, for otherwise that action would have been which, concurring with other by an appreciable
premature and in any event would have been concluded the defendant’s interval of time, the one
by the subsequent judgment of acquittal in the criminal negligence, is the who has the last
case. proximate cause of the reasonable opportunity to
injury. avoid the impending harm
The civil action for damages could have been commenced and fails to do so is
by appellants immediately upon the death of their chargeable with the
decedent, Cipriano Capuno, on January 3, 1953 or consequences, without
thereabouts, and the same would not have been stayed reference to the prior
by the filing of the criminal action for homicide through
reckless imprudence. But the complaint here was filed
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Jarco Marketing Corp v. CA (1999)
negligence of the other
SC applied the conclusive presumption that favors
party.
children below 9 years old in that they are incapable of
contributory negligence.
Here, the plaintiff may Here, the plaintiff can
still be awarded damages, recover the damages (no
“In our jurisdiction, a person under nine years of age is
but it shall be reduced or reduction) because his
conclusively presumed to have acted without
mitigated by the courts negligence was
discernment, and is, on that account, exempt from
because his negligence is antecedent to the
criminal liability.
occurring simultaneously negligence of the
with that of the defendant. And thus, the
Since negligence may be a felony and a quasi-delict and
negligence of the defendant is liable for
required discernment as a condition of liability, either
defendant. having the last clear
criminal or civil, a child under nine years of age is, by
chance to avoid the
analogy, conclusively presumed to be incapable of
injury.
negligence...”

NTC v. De Jesus (2015) NAPOCOR v. Casionan (2008)

Failure on the part of the late de Jesus to use the required There is contributory negligence when the party’s act
protective equipment was an act of negligence showed lack of ordinary care and foresight that such act
contributory to that unfortunate incident which led to his could cause him harm or put his life in danger. It is an act
untimely death. He should have insisted for the said or omission amounting to want of ordinary care on the
required grounding cluster notwithstanding his foreman's part of the person injured which, concurring with the
directive to proceed without it. defendant's negligence, is the proximate cause of the
injury.
If his negligence was only contributory, the immediate
and proximate cause of the injury being the defendant's The underlying precept on contributory negligence is that
lack of due care, the plaintiff may recover damages, but a plaintiff who is partly responsible for his own injury
the courts shall mitigate the damages to be awarded. should not be entitled to recover damages in full but must
bear the consequences of his own negligence.
PNR v. Tupang (1985)
But while petitioner failed to exercise extraordinary If indeed there was contributory negligence on the part of
diligence as required by law, it appears that the deceased the victim, then it is proper to reduce the award for
was chargeable with contributory negligence. Since he damages. Liability will be mitigated in consideration of the
opted to sit on the open platform between the coaches of contributory negligence of the injured party.
the train, he should have held tightly and tenaciously on
the upright metal bar found at the side of said platform to Cadiente v. Macas (2008)
avoid falling off from the speeding train. Such In this case, Macas was standing on the uncemented
contributory negligence, while not exempting the PNR portion of the highway which was intended for pedestrian
from liability, nevertheless justified the deletion of the use alone. Only stationary vehicles such as those loading
amount adjudicated as moral damages. and unloading passengers may use the shoulder. Running
vehicles are not supposed to pass through it, however,
Bernal & Enverso v. Tacloban Electric & House Plant the Ford Fiera, without slowing down, took off from the
The mother and her child had a perfect right to be on the uncemented part, swerved to the shoulder and recklessly
principal street of Tacloban, Leyte, on the evening when bumped and ran over Macas.
the religious procession was held. There was nothing
abnormal in allowing the child to run along a few paces in Macas cannot be expected to have foreseen that
advance of the mother. No one could foresee the Cimafranca speeding alone the cemented part of the
coincidence of an automobile appearing and of a highway would suddenly swerve to the shoulder. Thus,
frightened child running and falling into a ditch filled with the petitioner's argument that Macas was negligent is
hot water.The contributory negligence of the child and her unacceptable.
mother, if any, does not operate as a bar to recovery, but
in its strictest sense could only result in reduction of the
damages.

The Court ruled that both Loadmasters and Glodel are

LIABILITY FOR ACT OR OMISSION
jointly and severally liable to R & B Insurance for the loss
Art. 2180
of the subject cargo.

BY THE TORTFEASOR
Loadmasters may not have a direct contractual relation
with Columbia, but it is liable for tort under the provisions
of Article 2176 on quasi-delicts. As employer of the truck
ARTICLE 2180. The obligation imposed by article
driver/helpers, Loadmasters should be made answerable
2176 is demandable not only for one's own acts or
for the damages caused by its employees who acted
omissions, but also for those of persons for whom one
is responsible. within the scope of their assigned task of delivering the
goods safely to the warehouse. To avoid liability for a
The father and, in case of his death or incapacity, the quasi-delict committed by its employee, an employer
mother, are responsible for the damages caused by the must overcome the presumption by presenting convincing
minor children who live in their company. proof that he exercised the care and diligence of a good
father of a family in the selection and supervision of his
Guardians are liable for damages caused by the minors
or incapacitated persons who are under their authority employee. The Court further ruled that Glodel is also
and live in their company. liable because of its failure to exercise extraordinary
diligence. It failed to ensure that Loadmasters would fully
The owners and managers of an establishment or comply with the undertaking to safely transport the
enterprise are likewise responsible for damages caused subject cargo to the designated destination.
by their employees in the service of the branches in
which the latter are employed or on the occasion of
their functions. VICARIOUS LIABILITY

Employers shall be liable for the damages caused by

their employees and household helpers acting within DOCTRINE OF VICARIOUS LIABILITY
the scope of their assigned tasks, even though the The obligation imposed by Article 2176 is demandable not
former are not engaged in any business or industry. only for one’s own acts or omissions, but also for those of
persons for whom one is responsible.
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 BASIS OF LIABILITY
properly pertains, in which case what is provided in The liability under Art. 2180 does not hold a person liable
article 2176 shall be applicable. for the negligence of another. The basis of vicarious
liability is not the negligence of another person but the
Lastly, teachers or heads of establishments of arts and
negligence of the person being held vicariously liable.
trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they
remain in their custody. NATURE OF VICARIOUS LIABILITY
Vicarious liability is a primary and direct liability. It is
The responsibility treated of in this article shall cease not subsidiary to the liability of the person for whom one
when the persons herein mentioned prove that they is made vicariously liable of.
observed all the diligence of a good father of a family
to prevent damage.
Although the negligence is simply imputed in the sense
that it arises from the act or omission of the person under
NATURE OF LIABILITY OF TORTFEASORS one’s care or control, the act being punished is the
The responsibility of two or more persons who are liable negligent act of the one made vicariously liable. Hence, he
for quasi-delict is solidary and the sharing as between may be proceeded against singly or together with the
such solidary debtors is pro rata. person for whose acts or omissions he is made
answerable for.
Loadmasters Customs Services v Glodel Brokerage
(2011) PERSONS HELD VICARIOUSLY LIABLE
Under Article 2194 of the New Civil Code, "the 1. Parents
responsibility of two or more persons who are liable for a 2. Employers
quasi-delict is solidary." Whenever an employee’s 3. Teachers
negligence causes damage or injury to another, there 4. State
instantly arises a presumption that the employer failed to

The civil liability of parents for quasi-delicts of their minor

ARTICLE 221. Parents and other persons exercising
children, as contemplated in Article 2180 of the Civil
parental authority shall be civilly liable for the injuries
and damages caused by the acts or omissions of their Code, is primary and not subsidiary. In fact, if we apply
unemancipated children living in their company and Article 2194 of said code which provides for solidary
under their parental authority subject to the liability of joint tortfeasors, the persons responsible for
appropriate defenses provided by law. the act or omission, in this case the minor and the father
and, in case of his death of incapacity, the mother, are
solidarily liable.
VICARIOUS LIABILITY OF PARENTS
The father and, in case of his death or incapacity, the
Cuadra v Monfort
mother, are responsible for the damages caused by the
The father and, in case of his death or incapacity, the
minor children who live in their company (Art. 2180, NCC)
mother, are responsible for the damages caused by the
minor children who live in their company. The
NOTE: Art. 2180 of the New Civil Code which states that
responsibility treated in this Article shall cease when the
“the father shall be liable and in his death or incapacity,
persons herein mentioned prove that they observed all
the mother will be responsible” is partly amended by Art.
the diligence of a good father of a family to prevent
221 of the Family Code that states “parents”. Thus, it is
damage.”
not only the father that will be primarily responsible but
the “parents”.
In the present case there is nothing from which it may be
REQUISITES: inferred that the defendant could have prevented the
1. Damages Caused by the Minor Children damage by the observance of due care, or that he was in
● There must be a damaged caused or any way remiss in the exercise of his parental authority in
flowing from the act or omission of their failing to foresee such damage, or the act which caused it.
minor child
2. They Must be a Minor Child The victim, no doubt, deserves no little commiseration
● Under RA 6809 the age of majority has and sympathy for the tragedy that befell her. But if the
been lowered from 21 to 18. defendant is at all obligated to compensate her suffering,
● However, the same law provides that for the obligation has no legal sanction enforceable in court,
the purpose of vicarious liability of but only the moral compulsion of good conscience.
parents and guardians over their
children or wards, they shall still be Tamargo v CA
responsible for their children or ward Under the Civil Code, the basis of parental liability for the
that are below the age of 21. torts of a minor child is the relationship existing
3. The Child Must be Living in their Company between the parents and the minor child living with
● The child must be living with the them and over whom, the law presumes, the parents
parents this is because the civil liability exercise supervision and control.
imposed upon parents for the torts of
their minor children living with them is Guardians
based upon the parental authority Art. 217, Family Code
vested by the law upon such parents

DEFENSE
ARTICLE 217. In case of foundlings, abandoned,
To escape such liability, the parents must adduce proof neglected or abused children and other children
that they acted with the diligence of a good father of a similarly situated, parental authority shall be entrusted
family to prevent such damages. in summary judicial proceedings to heads of children's
homes, orphanages and similar institutions duly
Libi v IAC (1992) accredited by the proper government agency.
The diligence of a good father of a family required by law
in a parent and child relationship consists, to a large General Rule: Guardians are liable for damages caused
extent, of the instruction and supervision of the child. by the minors or incapacitated persons who are under
Petitioners were gravely remiss in their duties as parents their authority and live in their company (Art. 2180).
in not diligently supervising the activities of their son,
despite his minority and immaturity, so much so that it
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Exception: If the minor or insane person causing damage A prior determination of the nature of the passenger’s
has no parents or guardian, the minor or insane person cause of action is necessary. If the passenger’s cause of
shall be answerable with his own property in an action action against the airline company is premised on culpa
against him where a guardian ad litem shall be appointed aquiliana or quasi-delict for a tort committed by the
(Art. 2182). employee of the airline company’s agent, there must be
an independent showing that the airline company was at
KINDS OF GUARDIAN fault or negligent or has contributed to the negligence or
1. Legal Guardian tortious conduct committed by the employee of its agent.
● They are guardians who by provision of
law does not need a judicial The mere fact that the employee of the airline company’s
appointment agent has committed a tort is not sufficient to hold the
● These are parents over the person of airline company liable. On the other hand, if the
their minor children passenger’s cause of action for damages is breach of
2. Guardian Ad Litem contract, there is no longer need to prove the negligence
● Any competent person appointed by the or fault of the airline. All you need to do is to present the
court for purposes of a particular action existence of the contract and the fact of it’s
or proceeding involving a minor non-performance by the carrier.
3. Judicial Guardian
● A competent person appointed by the Phil. Bus Rabbit v. Phil-Am Forwarders
court over the person and/or property of The terms “employers” and “owners and managers of an
the ward to represent the latter in all his establishment or enterprise” does not include manager
civil acts and transactions of corporation. The term “manager” is used in the sense
of employer, as it may be gathered from the article’s
context. Based on the allegations of the complaint of
Owners and Managers of Establishment
Philippine Rabbit and Pangalangan, Balingit has no
liability based on tort or quasi-delict as manager of
Phil-American Forwarders, Inc. in connection with the
ARTICLE 2180. The owners and managers of an
establishment or enterprise are likewise responsible for vehicular accident because he may be regarded as an
damages caused by their employees in the service of employee of Phil-American Forwarders, Inc.
the branches in which the latter are employed or on the
occasion of their functions. (4th paragraph) The owners and managers of an establishment or
enterprise are likewise responsible for damages caused by
NOTE: The owners and managers of an establishment or their employees in the service of the branches in which
enterprise are also employers. However, paragraph 4 of the latter are employed or on the occasion of their
Art 2180 is specific only to the owners and managers of functions. Employers shall be liable for the damages
establishments while paragraph 5 of Art 2180 refers to caused by their employees and household helpers acting
employers in general whether or not engaged in any within the scope of their assigned tasks, even though the
business or industry. former are not engaged in any business or industry. The
responsibility treated in this article shall cease when the
DISTINCTION BETWEEN 4TH AND 5TH PARAGRAPH persons herein mentioned prove that they observed all
The liability of owners and managers of an the diligence of a good father of a family to prevent
establishment or enterprise (4th paragraph) covers damage.
negligent acts of employees committed either in the
service of the branches or on the occasion of their Castilex Industries v. Vasquez
functions. The liability of employers in general (5th Under the fifth paragraph of Article 2180, whether or not
paragraph) encompasses negligent acts of employees engaged in any business or industry, an employer is liable
acting within the scope of their assigned task. for the torts committed by employees within the scope of
his assigned tasks. The mere fact that Abad was using a
Sps. Viloria v. Continental Airlines (2012) service vehicle at the time of the injurious incident is not
CAI is not automatically bound by the acts of its agent’s sufficient to charge petitioner with liability for the
employees. In actions based on quasi-delict, a principal negligent operation of said vehicle unless it appears that
can only be held liable for the tort committed by its he was operating the vehicle within the course or scope of
agent’s employees if it has been established by his employment. Abad was engaged in affairs of his own
preponderance of evidence that the principal was also at at the time he figured in a vehicular accident. Thus,
fault or negligent or that the principal exercised control Castilex had no duty to show that it exercised the
and supervision over them. diligence of a good father of a family in providing Abad
with a service vehicle.
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Baliwag Transit v. Court of Appeals (1996)
Employers
Article 2180, in relation to Art. 2176, of the Civil Code
provides that the employer of a negligent employee is
liable for the damages caused by the latter. When an
ARTICLE 2180. Employers shall be liable for the
injury is caused by the negligence of an employee there
damages caused by their employees and household
helpers acting within the scope of their assigned tasks, instantly arises a presumption of the law that there was
even though the former are not engaged in any negligence on the part of the employer either in the
business or industry. (5th paragraph) selection of his employee or in the supervision over him
after such selection. The presumption however may be
rebutted by a clear showing on the part of the employer
SCOPE OF THE LIABILITY
that it had exercised the care and diligence of a good
General Rule: Negligent acts of employees, whether or
father of a family in the selection and supervision of his
not the employer is engaged in a business or industry, are
employee.
covered so long as they were acting within the scope of
their assigned task, even though committed neither in the
Petitioner's failure to prove that it exercised the due
service of the branches nor on the occasion of their
diligence of a good father of a family in the selection and
functions.
supervision of its driver Juanito Fidel will make it solidarily
liable with the latter for damages caused by him.
Exception: Common carriers cannot escape liability for
the death of or injuries to passengers through the
St. Francis High School v. CA (1991)
negligence and willful acts of the former’s employees,
No negligence could be attributable to the
although such employees may have acted beyond the
petitioners-teachers to warrant the award of damages to
scope of their authority or in violation of the orders.
the respondents-spouses. Petitioners Connie Arquio the
class adviser did her best and exercised diligence of a
NATURE OF LIABILITY
good father of a family to prevent any untoward incident
Victory Liner v. Heirs of Malecdan (2002)
or damages to all the students who joined the picnic.
Article 2180 provides for the solidary liability of an
employer for the quasi-delict committed by an employee.
Filamer Christian v. CA (1990)
Filamer has invoked the provisions of the Labor Code,
The responsibility of employers for the negligence of their
specifically Section 14, Rule X of Book III wherein it
employees in the performance of their duties is primary
provides that working scholars cannot be considered an
and, therefore, the injured party may recover from the
employee of the school. Thus, Filamer cannot be
employers directly, regardless of the solvency of their
considered as Funtecha's employer. Funtecha belongs to
employees.
that special category of students who render service to
the school in exchange for free tuition.
DEFENSE
Baliwag Transit v. CA (1996)
To escape solidary liability for quasi-delict committed by Even if we were to concede the status of an employee on
an employee, the employer must adduce sufficient proof Funtecha, still the primary responsibility for his
that it exercised the care and diligence of a good father of wrongdoing cannot be imputed to petitioner Filamer for
a family in the selection and supervision of his employee. the plain reason that at the time of the accident, it has
been satisfactorily shown that Funtecha was not acting
Mamaril v. Boy Scout of the Philippines (2013) within the scope of his supposed employment.
Neither will the vicarious liability of an employer under
Article 2180 of the Civil Code apply in this case. It is Yambao v. Zuniga, et al. (2003)
uncontested that Peña and Gaddi were assigned as Employers shall be liable for the damages caused by their
security guards by AIB to BSP pursuant to the Guard employees and household helpers acting within the scope
Service Contract. of their assigned tasks, even though the former are not
engaged in any business or industry. The responsibility
Clearly, therefore, no employer-employee relationship treated in this article shall cease when the persons herein
existed between BSP and the security guards assigned in mentioned prove that they observed all the diligence of a
its premises. Consequently, the latter's negligence cannot good father of a family to prevent damage.
be imputed against BSP but should be attributed to AIB,
the true employer of Peña and Gaddi. Nor can it be said Syki v. Begasa (2013)
that a principal-agent relationship existed between BSP It should be emphasized that the legal obligation of
and the security guards Peña and Gaddi as to make the employers to observe due diligence in the selection and
former liable for the latter's complained act. supervision of their employees provided in Article 2180 of
the Civil Code is not an empty provision or a mere

Compare With:
Aguila v. Baldovizo (2007)
SUBSIDIARY LIABILITY
In an action based on quasi-delict, the liability of the
Art. 103, Revised Penal Code
employer is direct and primary, subject to the defense
of due diligence in the selection and supervision of the
employee.
ARTICLE 103. Subsidiary Civil Liability of Other
Persons. — The subsidiary liability established in the
Thus, even if the driver was included albeit not served next preceding article shall also apply to employers,
with summons, petitioners are directly and primarily teachers, persons, and corporations engaged in any
liable. Thus, petitioners Aguila and Reyes as employer and kind of industry for felonies committed by their
registered owner or possessor-operator of the van, servants, pupils, workmen, apprentices, or employees
respectively, are solidarily liable in accordance with Article in the discharge of their duties.
2180 in relation to Articles 2184 and 2194 of the Civil
Code EMPLOYER’S VICARIOUS LIABILITY UNDER ART.
2180 vs. EMPLOYER’S SUBSIDIARY LIABILITY
Sps. Jayme v. Apostol (2008) UNDER ART. 103 OF THE RPC vs. EMPLOYER’S
To sustain claims against employers for the acts of their LIABILITY UNDER ART. 1759
employees, the following requisites must be established:
1. That the employee was chosen by the employer 1. Employer’s Vicarious Liability under Art. 2180
personally or through another; NCC
2. That the service to be rendered in accordance ● Employers are primarily liable for their
with orders which the employer has the authority negligence either in the selection or supervision
to give at all times; and of their employees
3. That the illicit act of the employee was on the ● An action predicated on quasi-delict to be
occasion or by reason of the functions entrusted instituted by the injured party against the
to him. employer for an act or omission of the employee
● Here, the liability of the employer for the
The driver was not the Mayor’s employee but that of the negligent conduct of the subordinate is direct
city. In the absence of an employer-employee relationship and primary
establishing vicarious liability, the driver's negligence ● This is subject to the defense of due diligence in
should not be attributed to a fellow employee who only the selection and supervision of the employee.
happens to be an occupant of the vehicle. Whatever right ● The enforcement of the judgment against the
of control the occupant may have over the driver is not employer for an action based on Article 2176
sufficient by itself to justify an application of the doctrine does not require the employee to be insolvent
of vicarious liability. since the nature of the liability of the employer
with that of the employee, the two being
Imperial v. Hrs of Sps. Bayaban (2018) statutorily considered joint tortfeasors, is
Employers are deemed liable or morally responsible for solidary.
the fault or negligence of their employees but only if the ● Requisite for Employer’s Liability to Arise:
employees are acting within the scope of their assigned ○ Damage suffered by the plaintiff,
tasks. An act is deemed an assigned task if it is "done ○ Fault or negligence of the defendant,
by an employee, in furtherance of the interests of the and
employer or for the account of the employer at the time ○ Connection of cause and effect between
of the infliction of the injury or damage." the fault or negligence of the defendant
and the damage incurred by the
Respondents have discharged the burden of proof plaintiff.
necessary to hold Imperial vicariously liable under Article
2180 of the Civil Code. Contrary to the petitioner's claim, 2. Employer’s Subsidiary Liability under Art. 103
there was no shifting of burden on him to prove that RPC
Laraga was acting outside of his assigned tasks. Rather, ● An employer may be held subsidiarily liable for
the petitioner had to put forward evidence that he had a felony committed by his employee in the
exercised due diligence in the selection and supervision of discharge of his duty.

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Page 24
● This liability attaches when the employee is
convicted of a crime done in the performance Franco v. IAC (1989)
of his work and is found to be insolvent that Before the employer's subsidiary liability may be
renders him unable to properly respond to the proceeded against, it is imperative that there should be a
civil liability adjudged criminal action whereby the employee's criminal
● Requirements for Employer’s Subsidiary Liability negligence or delict and corresponding liability therefore
to Arise: are proved. If no criminal action was instituted, the
○ That the employer, etc. is engaged in employer's liability would not be predicated under Article
any kind of industry, 103.
○ That the employee committed the
offense in the discharge of his duties It was also held in a previous case that the defense of
○ Conviction of the employee primarily observance of due diligence of a good father of a family in
liable the selection and supervision of employees is not
○ That he is insolvent applicable to the subsidiary liability provided in Article
● The conviction of the employee primarily 20 of the Penal Code (now Article 103 of the RPC).
liable is a condition sine qua non for the
employer’s subsidiary liability. There can be no Bermudez v. Hon. Herrera (1988)
automatic subsidiary liability of defendant In cases of negligence, the injured party or his heirs has
employer under Article 103 of the Revised Penal the choice between –
Code where his employee has not been a. An action to enforce the civil liability arising from
previously criminally convicted crime under Article 100 of the RPC; or
● Upon his employee’s conviction, and subsequent b. An action for quasi-delict under Article
proof of inability to pay, it is already a settled 2176-2194 of the Civil Code.
rule that the subsidiary liability of an employer
automatically arises If a party chooses the latter, he may hold the employer
● When all the requisite for an employer’s solidarily liable for the negligent act of his employee,
subsidiary liability arise, the employer become subject to the employer's defense of exercise of the
ipso facto subsidiarily liable upon the diligence of a good father of the family.
employee’s conviction and upon proof of the
latter’s insolvency In the present case, the action filed by the plaintiffs was
an action for damages based on quasi-delict. The fact
3. Employer’s Subsidiary Liability under Art. 103 that appellants reserved their right in the criminal case to
RPC file an independent civil action did NOT preclude them
● Common carriers will be held liable for death or from choosing to file a civil action for quasi-delict.
injuries of the passengers through the acts or
negligence of the employee even if such The appellant precisely made a reservation to file an
employee may have acted beyond the scope of independent civil action in accordance with the provisions
the authority given or in violation of the orders of of Section 2 of Rule 111, Rules of Court. In fact, even
the common carrier without such a reservation, the injured party in the
● The defense of a good father of a family does not criminal case which resulted in the acquittal of the
find application in this case. The liability of accused is allowed to recover damages based on
common carriers does not cease upon proof that quasi-delict.
they exercised the due diligence of a good father
of a family in the selection and supervision of Alvarez v. Court of Appeals
employees. It is already a settled rule that the subsidiary liability of
● The diligence required from a common carrier is an employer automatically arises upon: (1) his
extraordinary diligence. employee's conviction, and (2) subsequent proof of
inability to pay.
In Summary:
In this light, the application of Pajarito is merely the
Art. 103, ART. 2180, ART. 1759,
RPC NCC NCC enforcement of a procedural remedy designed to ease the
burden of litigation for recovery of indemnity by the
Ipso facto Primary Primary victims of a judicially-declared criminally negligent act.

Subsidiary Due diligence in Extraordinary A separate civil action may be warranted where additional
selection and diligence facts have to be established or more evidence must be
supervision adduced or where the criminal case has been fully

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Page 25
terminated and a separate complaint would be just as Caravan Travel and Tours Int’l v. Abejar (2016)
efficacious or even more expedient than a timely remand Art. 2180 requires proof that first, employment
to the trial court where the criminal action was decided relationship between the driver and owner, and second,
for further hearings on the civil aspects of the case. the driver acted within the scope of his assigned tasks.
Applying the registered owner rule only requires proof
Cerezo v. Tuazon (2004) that the defendant-employer is the registered owner.
The basis of the present action of Tuazon is quasi-delict
not delict under the RPC. The same negligent act may In cases where both the registered-owner rule and Article
produce civil liability arising from a delict, or may give rise 2180 apply, the plaintiff must first establish that the
to an action for a quasi-delict. An aggrieved party may employer is the registered owner of the vehicle in
choose between the two remedies. Tuazon chose to file an question. A disputable presumption that the requirements
action for damages based on a quasi-delict. of Article 2180 have been proven then arises. As a
consequence, the burden of proof shifts to the defendant
An employer’s liability based on a quasi-delict is primary to show that no liability under Article 2180 has arisen.
and direct. While the employer’s liability based on a
delict is merely subsidiary. Although liability under Montecalvo v. Tan (2018)
Article 2180 originates from the negligent act of the Case law teaches that in case of motor vehicle mishap,
employee, the aggrieved party may sue the employer the registered owner of the motor vehicle is considered as
directly. the employer of the tortfeasor-driver, and is made
primarily liable for the tort committed by the latter under
In contrast, an action based on a delict seeks to enforce Article 2176, in relation to Article 2180, of the Civil Code.
the subsidiary liability of the employer for the criminal Here, it is undisputed that petitioner is the registered
negligence of the employee. To hold the employer liable in owner of the motor vehicle involved in the accident.
a subsidiary capacity under a delict, the aggrieved party
must initiate a criminal action where the employee’s delict R Transport v. Luisito G. Yu (2015)
and corresponding primary liability are established. If the Under Art. 2194. The responsibility of two or more
present action proceeds from a delict, then the trial persons who are liable for a quasi-delict is solidary. In the
court's jurisdiction over Foronda is necessary. Tamayo case the responsibility of the registered owner
and actual operator of a truck which caused the death of
L.G. Foods Corp. v. Pagapong Agraviador (2006) its passenger is not solidary, the same is due to the fact
Victims of negligence or their lives have a choice between that the action instituted was one for breach of contract.
an action to enforce the civil liability arising from the
culpa criminal under Article 100 of the RPC and an action However, It must be noted that the case at hand does not
for quasi-delict (culpa aquiliana) under Articles 2176 to involve a breach of contract of carriage, as in Tamayo,
20194 of the CC. but a tort or quasi-delict under Article 2176, in relation to
Article 2180 of the New Civil Code. As such, the liability
If, as here, the action chosen is for quasi-delict, the for which R Transport is being made responsible actually
plaintiff may hold the employer liable for the negligent act arises not from a pre-existing contractual relation
of its employee, subject to the employer’s defense of between petitioner and the deceased, but from a damage
exercise of the diligence of a good father of the family. caused by the negligence of its employee.

On the other hand, if the action chosen is for culpa Sps. Mangaron v. Hanna Via Design and
criminal, the plaintiff can hold the employer subsidiarily Construction (2019)
liable only upon proof of prior conviction of its employee. In accordance with the law on compulsory motor
vehicle registration, this Court has consistently ruled
that, with respect to the public and third persons, the
Registered Owner Rule
registered owner of a motor vehicle is directly and
primarily responsible regardless of who the actual vehicle
Montecalvo v. Tan (2018) owner might be.
In case of motor vehicle mishap, the registered owner of
the motor vehicle is considered as the employer of the Registration of the vehicle's ownership is
tort-feasor driver- and is made primarily liable for the tort indispensable in determining imputation of liability;
committed by the latter under Art. 2176 in relation to Art. thus, whoever has his/her name on the Certificate of
2180 of the Civil Code. Registration of the offending vehicle becomes liable in
case of any damage in connection with the operation of
such vehicle inasmuch as the public is concerned.

SUPERVISION OF EMPLOYEES
Supervision includes the formulation of suitable rules Owner Who Was in the Vehicle
and regulation for the guidance of its employees and the In motor vehicle mishaps, the owner is solidarily liable
issuance of proper instructions intended for the protection with his driver, if the former, who was in the vehicle,
of the public and persons with whom the employer has could have, by the use of due diligence, prevented the
relations through his employees misfortune.

Our Lady of Lourdes Hospital v. Sps. Romeo and The owner of an automobile, present in the vehicle, is not
Regina Capanzana (2017) liable for the negligent acts of a competent driver unless
The SC held that the hospital sufficiently proved due such acts are continued for such a length of time as to
diligence in the selection of the nurses. The nurses give the owner a reasonable opportunity to observe them
undergo a series of examination, orientation, training, on and to direct the driver to desist therefrom, and to fail to
the job observation and evaluation before they are hired do so.
as regular employees. However, it failed to prove due
diligence in their supervision. Owner Who Was Not in the Vehicle
If the owner was not in the motor vehicle, the provisions
To prove due diligence in the supervision of employees, it of Article 2180 on vicarious liability shall apply.
is not enough for an employer such as petitioner to
emptily invoke the existence of such a formulation. Also, an owner of a vehicle cannot be held liable for an
accident involving the said vehicle if the same was driven
What is more important is the actual implementation and without his consent or knowledge and by a person not
monitoring of consistent compliance with the rules. In this employed by him.
case, it was found that there is failure on the part of the
hospital to sanction the tardiness of the nurses which Duavit v. Court of Appeals (1989)
shows an utter lack of actual implementation and In Duquillo v Bayot (1939), SC ruled that an owner of a
monitoring of compliance with the rules and ultimately of vehicle cannot be held liable for an accident involving a
supervision over its nurses. vehicle if the same was driven without his consent or
knowledge and by a person not employed by him. This
ruling is still relevant and applicable, and hence, must be
Vehicle Owner
upheld.
Art. 2184 - 2186, NCC

Jauniza v. Jose
Only the registered owner of a public service vehicle is
ARTICLE 2184. In motor vehicle mishaps, the owner responsible for damages that may arise from
is solidarily liable with his driver, if the former, who consequences incident to its operation, or may be caused
was in the vehicle, could have, by the use of the due to any of the passengers therein.
diligence, prevented the misfortune. It is disputably
presumed that a driver was negligent, if he had been Anonuevo v. CA (2004)
found guilty of reckless driving or violating traffic The bare fact that Villagracia was violating a municipal
regulations at least twice within the next preceding two ordinance is without legal consequence unless it is shown
months. that it was a contributing cause of the injury. If at all, it is
but indicative of Villagracias failure in fulfilling his
If the owner was not in the motor vehicle, the obligation to the municipal government, which would then

Even assuming that Aonuevo had failed to see Villagracia

Art. 2180. xxx The State is responsible in like manner
because the bicycle was not equipped with headlights,
when it acts through a special agent; but not when the
such lapse on the cyclists part would not have acquitted
damage has been caused by the official to whom the
the driver of his duty to slow down as he proceeded to
task done properly pertains, in which case what is
make the left turn.
provided in article 2176 shall be applicable. xxx
FGU Insurance Corp. v. Court of Appeals
The liability imposed by Art. 2180 arises by virtue of a LIABILITY OF THE STATE
presumption juris tantum of negligence on the part of the The Government of the Philippines is not liable for
persons made responsible thereunder, derived from their damages for the negligent acts of its regular officers or
failure to exercise due care and vigilance over the acts of employees in the performance of their ordinary functions.
subordinates to prevent them from causing damage. Yet, The state is responsible only when it acts through a
as correctly observed by respondent court, Art. 2180 is special agent.
hardly applicable because none of the circumstances
mentioned therein obtains in the case under Merritt v. Government of the Philippine Islands
consideration. A special agent refers to a person who receives a
definite and fixed order or commission, foreign to the
Respondent FILCAR being engaged in a rent-a-car exercise of the duties of his office if he is a special official,
business was only the owner of the car leased to so that in representation of the state and being bound to
Dahl-Jensen. As such, there was no vinculum juris act as an agent thereof he executed the trust confided to
between them as employer and employee. Respondent him. Hence, the state is only liable for the acts of its
FILCAR cannot in any way be responsible for the negligent agents, officers and employees when they act as special
act of Dahl-Jensen, the former not being an employer of agents within the meaning of paragraph 5 of Article 1903.
the latter. Since the chauffeur of the ambulance of the General
Hospital was not such an agent, then the Government of
"In motor vehicle mishap, the owner is solidarily liable the Philippine Islands is not liable.
with his driver, if the former, who was in the vehicle,
could have by the use of due diligence, prevented the TWO ASPECTS OF LIABILITY OF THE STATE
misfortune . . . If the owner was not in the motor vehicle, 1. Public or governmental aspect - liable for tor acts
the provisions of article 2180 are applicable." Obviously, of special agents only
this provision of Art. 2184 is neither applicable because of 2. Private or business aspect - when it becomes
the absence of master-driver relationship between liable as an ordinary employer.
respondent FILCAR and Dahl-Jensen.
LIABILITY v. SUABILITY
Clearly, petitioner has no cause of action against Art. 2180 establishes liability, and not suability of the
respondent FILCAR on the basis of quasi-delict; logically, state. The government may be held liable under this rule
its claim against respondent FORTUNE can neither only if it first allows itself to be sued through any of the
prosper. accepted forms of consent.

Cadiente v. Macas (2008)

Teachers
The registered owner of a motor vehicle, despite selling
Art. 218-219, Family Code
the same to another, is primarily responsible for whatever
damage or injury the vehicle may cause.

Art. 2180. “Lastly, teachers or heads of

The policy behind vehicle registration is the easy
establishments of arts and trades shall be liable for
identification of the owner who can be held responsible in damages caused by their pupils and students or
case of accident, damage, or injury caused by the vehicle. apprentices, so long as they remain in their custody.”
This is so as not to inconvenience or prejudice a third
party who is injured by one whose identity cannot be
secured. ARTICLE 218. The school, its administrators and
teachers, or the individual, entity or institution
engaged in child care shall have special parental
authority and responsibility over the minor child while

It must be that the act was committed BY the student

Authority and
remaining in her custody and not TO the student.
responsibility shall apply
to all authorized
VICARIOUS LIABILITY OF PARENTS v. TEACHERS
activities whether
NOTE: As a point of comparison, what triggers the
inside or outside the
vicarious liability of parents is when the child is a minor
premises of the school,
(below 21 years old) and living in the company of
entity or institution.”
parents.

Distinction
And as for the vicarious liability of teachers, the trigger is
the act or omission must be committed by the pupils,
● No qualification on ● Speaks of a minor
students or apprentices and remaining in their custody.
pupils, students or child so liability of
apprentices so the teachers subsists only
REMAINING IN THE CUSTODY OF THE TEACHER
liability of teachers during the minority of
The meaning of this phrase has evolved through time.
subsists regardless the child.
of age of the
Palisoc v. Brillantes (1971)
student. ● Teachers, school
The phrase “remaining in the custody of the teacher”
administrators, and
includes all the times that the teacher exercises
● Liability remains so school have liability
supervisory custody over the students such that you are

Recess is defined as a break during which time the Salvosa v. IAC

student is not free to leave the school premises. In line with the case of Palisoc, a student not "at
attendance in the school" cannot be in "recess" thereat.
It does not, therefore, contemplate a period of time
between the time you went home and to come back to A "recess," as the concept is embraced in the phrase "at
school the next day. You are not expected to go back to attendance in the school," contemplates a situation of
class. If the break is not just temporary, then you are not temporary adjournment of school activities where the
expected to show yourself to the teacher. student still remains within call of his mentor and is not
permitted to leave the school premises, or the area within
Amadora v. CA (1988) which the school activity is conducted.
There was no class held by the teacher because it was 3
days before the graduation. In the process of completing Likewise, the mere fact of being enrolled or being in the
the course requirements, they were on the campus when premises of a school without more does not constitute
one student shot to death another student. The Physics "attending school" or being in the "protective and
teacher was sued. supervisory custody' of the school, as contemplated in the
law.
As to the duration of the responsibility of the teacher or
head of school of arts and trades over the students: Upon the foregoing considerations, we hold that Abon
cannot be considered to have been "at attendance in the
“The student is in the custody of the school authorities as school," or in the custody of BCF, when he shot Napoleon
long as he is under the control and influence of the Castro. Logically, therefore, petitioners cannot under Art.
school and within its premises, whether the semester 2180 of the Civil Code be held solidarity liable with Abon
has not yet begun or has already ended.” for damages resulting from his acts.

As long as it can be shown that the student is in the SCHOOL AS AN EMPLOYER

school premises in: St. Mary’s Academy v. Carpitanos
1. pursuance of a legitimate student objective; The school can be held liable not only on the basis of Art.
2. exercise of a legitimate student right; 218 of the Family Code.
3. enjoyment of a legitimate student right; and
4. even in the enjoyment of a legitimate student The school also is an employer and so in that context
privilege, the responsibility of the school there can be liability for the acts and omission of the
authorities over the student continues. employees such as the professors, even the non-teaching
employees.
Indeed, even if the student should be doing nothing more
than relaxing in the campus in the company of his University of the East v. Jader (2000)
classmates and friends and enjoying the ambience and Here, the teacher failed to submit the grade, the student
atmosphere of the school, he is still within the custody graduated, enrolled in a review class and then was told in
and subject to the discipline of the school authorities the midst of the review that he failed. Thus, the university
under Article 2180. was sued for the negligent act of the professor.

Here, the teacher interposed the defense of diligence of a This occasioned for the Court to highlight that the school
good father of a family. The SC found that the teacher is also an employer and, in that sense, can be used as a
exercised due diligence, hence, he was absolved from any basis for liability.
liability.
The negligent act of a professor who fails to observe the
TN: The liability now extends to authorized activity rules of the school, for instance by not promptly
OUTSIDE the school. The key here is that it is an submitting a student’s grade, is not only imputable to the
authorized activity. professor but is an act of the school, being his employer.

Exconde v. Capuno
In the circumstances, it is clear that neither the head of
that school, nor the city school's supervisor, could be held
liable for the negligent act of Dante because was not then

Art. 219 of Family Code. Those given the authority

and responsibility under the preceding Article shall be ARTICLE 2189. Provinces, cities and municipalities
principally and solidarily liable for damages caused by shall be liable for damages for the death of, or injuries
the acts or omissions of the unemancipated minor. The suffered by, any person by reason of the defective
condition of roads, streets, bridges, public buildings,
parents, judicial guardians or the persons exercising
and other public works under their control or
substitute parental authority over said minor shall be supervision.
subsidiarily liable.

The respective liabilities of those referred to in the City of Manila v. Teotico

preceding paragraph shall not apply if it is proved Article 2189 constitutes a particular prescription making
that they exercised the proper diligence required “provinces, cities, and municipalities… liable for damages,
under the particular circumstances. death or or injury suffered by any person by reason of
defective condition of roads, streets, bridges, public
All other cases not covered by this and the preceding buildings, and other public works under their control or
articles shall be governed by the provisions of the Civil supervision.”
Code on quasi-delicts. ”
Jimenez v. City of Manila (1987)
Petitioner alleged that on his way to the market, he
DEFENSE OF THE SCHOOL, TEACHER AND ADMIN stepped on an uncovered opening obscured by the dirty
The defense that may be interposed by the school, rainwater, causing a dirty and rusty four-inch nail, stuck
teachers and school administrators is that they have inside the uncovered opening, to pierce the left leg of the
exercised due diligence in the enforcement of school petitioner. Petitioner became ill and his leg swelled with
regulations and in maintaining discipline. great pain and was thereafter hospitalized. Petitioner sued
for damages against the City of Manila.
NOTE: Measure of discipline upon the students is not just
the duty of school and teachers to mold their students for The Court ruled in favor of Petitioner. Under Article 2189
a life of civic service but also because it is part and parcel of the Civil Code, it is not necessary for the liability
of defense of due diligence - that you are able to enforce therein established to attach, that the defective public
the school regulations in maintaining discipline as was works belong to the province, city or municipality from
held in the case of Amadora v. CA. which responsibility is exacted. What said article requires
is that the province, city or municipality has either
Amadora v. CA "control or supervision" over the public building in
The teacher cannot be held liable because the teacher question. Here, there is no question that the Sta. Ana
was shown to have exercised due diligence in the Public Market remained under the control of the city.
supervision of his students. There is no showing that the
teacher was negligent in enforcing discipline upon the There is no argument that it is the duty of the City of
student or that he had waived observance of the rules and Manila to exercise reasonable care to keep the public
regulations of the school or condoned their market reasonably safe for people frequenting the place
non-observance. for their marketing needs. Thus the negligence of the City
of Manila is the proximate cause of the injury suffered.
The teacher’s absence when the tragedy happened cannot
be considered against him because he was not supposed Guilatco v. City of Dagupan (1989)
or required to report to school on that day. And while it is The plaintiff fell into the manhole at a national road under
true that the offending student was still in the custody of the control and supervision of the City of Dagupan. The
the teacher-in-charge even if the latter was physically City, having control and supervision over a national road,
absent when the tort was committed, it has not been was made liable for the damages sustained by the
established that it was caused by his laxness in enforcing plaintiff. It is not even necessary for the defective road or
discipline upon the student. On the contrary, the teacher street to belong to the province, city or municipality for
proved that he had exercised due diligence, through the liability to attach. The article only requires that either
enforcement of the school regulation, in maintaining that control or supervision is exercised over the defective road
discipline. or street. Here, this control or supervision is provided for
in the charter of Dagupan and is exercised through the
City Engineer.
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TORTS & DAMAGES | REVIEWER | DEAN LARGO | EH405 | AY 2020 - 2021
Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 31
PROPRIETORS OF BUILDINGS, ETC. COLLATERAL SOURCE RULE
Art. 2190-2192

MMPS Employees Union v. MMPC

Under the collateral source rule, if an injured person
ARTICLE 2190. The proprietor of a building or
receives compensation for his injuries from a source
structure is responsible for the damages resulting from
its total or partial collapse, if it should be due to the wholly independent of the tortfeasor, the payment should
lack of necessary repairs. not be deducted from the damages which he would
otherwise collect from the tortfeasor.
ARTICLE 2191. Proprietors shall also be responsible
for damages caused: The rule has been described as "an established exception
1. By the explosion of machinery which has not
to the general rule that damages in negligence actions
been taken care of with due diligence, and the
must be compensatory." Although the rule appears to
inflammation of explosive substances which
have not been kept in a safe and adequate allow a double recovery, the collateral source will have a
place; lien or subrogation right to prevent such a double
2. By excessive smoke, which may be harmful to recovery.
persons or property;
3. By the falling of trees situated at or near As seen, the collateral source rule applies in order to
highways or lanes, if not caused by force
place the responsibility for losses on the party causing
majeure;
them. Its application is justified so that "the wrongdoer
By emanations from tubes, canals, sewers or deposits should not benefit from the expenditures made by the
of infectious matter, constructed without precautions injured party or take advantage of contracts or other
suitable to the place. relations that may exist between the injured party and
third persons."
ARTICLE 2192. If damage referred to in the two
preceding articles should be the result of any defect in
the construction mentioned in Article 1723, the third SUBROGATION
person suffering damages may proceed only against
the engineer or architect or contractor in accordance
with said article, within the period therein fixed.
Article 2207. If the plaintiff's property has been
insured, and he has received indemnity from the
De Roy v. Court of Appeals insurance company for the injury or loss arising out of
The firewall of a burned-out building owned by petitioners the wrong or breach of contract complained of, the
collapsed and destroyed the tailoring shop occupied by insurance company shall be subrogated to the rights of
the family of respondents which resulted in injuries to the insured against the wrongdoer or the person who
respondents and the death of their daughter. Private has violated the contract. If the amount paid by the
respondents had been warned by petitioners to vacate insurance company does not fully cover the injury or
their shop in view of its proximity to the weakened wall loss, the aggrieved party shall be entitled to recover
but the former failed to do so. the deficiency from the person causing the loss or
injury.
This Court ruled that petitioner is liable under Article 2190
of the Civil Code, which provides that "the proprietor of a
building or structure is responsible for the damage Vector Shipping Corporation v. American Home
resulting from its total or partial collapse, if it should be Assurance Company and Sulpicio Lines
due to the lack of necessary repairs.” The right of subrogation pursuant to Article 2207, is "not
dependent upon, nor did it grow out of, any privity of
The Court also ruled that there was no error in rejecting contract or upon written assignment of claim but accrued
petitioners’ argument that private respondents had the simply upon payment of the insurance claim by the
"last clear chance" to avoid the accident if only they insurer.
heeded the warning to vacate the tailoring shop. This is
because the doctrine of "last clear chance," can only be Here, the cause of action accrued as of the time
applied to vehicular accidents, thus, it is inapplicable to respondent actually indemnified Caltex in the amount of
this case. P7,455,421.08 on July 12, 1988, the action was not yet
barred by the time of the filing of its complaint on March
5, 1992, which was well within the 10-year period
prescribed by Article 1144 of the Civil Code.

POSSESSOR OF ANIMALS
Hence, as the amended complaint impleading petitioner Art. 2187
was filed on April 21, 2014, which is within ten (10)
years from the time respondent indemnified Copylandia
for its injury/loss, i.e., on November 2, 2006, the case ARTICLE 2183. The possessor of an animal or
cannot be said to have prescribed under Vector. whoever may make use of the same is responsible
for the damage which it may cause, although it may
ACTION THAT REVIVES THE DEATH OF THE escape or be lost. This responsibility shall cease only in
DEFENDANT case the damage should come from force majeure or
from the fault of the person who has suffered damage.

Melgar v. Buenviaje
Actions for damages caused by the tortious conduct of the Persons liable:
defendant survive the death of the latter. 1. possessor of an animal;
2. Whoever may make use of the animal
The action can therefore be properly brought under
Section 1, Rule 87 of the Rules of Court, against an Defenses:
executor or administrator. "Section 1. Actions which may 1. Damage came from force majeure;
and which may not be brought against the executor or 2. From the fault of the person who suffered
administrator. — No action upon a claim for the recovery damage.
of money or debt or interest thereon shall be commenced
against the executor or administrator; but actions to Vestil v. Court of Appeals
recover real or personal property, or an interest therein, Art. 2183 holds the possessor liable even if the animal
from the state, or to enforce a lien thereon, end actions to should escape or be lost, and be so removed from his
recover damages for an injury to person or property, real control. And it does not matter whether that the dog was
or personal, may be commenced against him." tame and was merely provoked by the child biting her.

The law does not speak only of vicious animals but covers
STRICT LIABILITY TORTS even tame ones as long as they cause injury.

The obligation imposed here is not based on negligence,

This is otherwise known as liability without fault. In
but rather based on natural equity and on the principle of
other words, in these very limited and specific instances
social interest that he who possesses animals for his
you don’t have to establish negligence.
utility, pleasure or service must answer for the damage
which such an animal may cause.
Liability will arise from the fact that these circumstances
happened or that they exist. Which means therefore that
you have to pay particular attention to the instances that MANUFACTURERS AND PROCESSORS OF
are referred to in these provisions. FOODSTUFF
Art. 2187
The common denominator of these strict liability tort
scenarios is that the activities here are not harmful but
that they create risk to the society and because they ARTICLE 2187. Manufacturers and processors of
create risk to the society, we should hold liable the one foodstuffs, drinks, toilet articles and similar goods shall
who has derived enjoyment or benefit from having to be liable for death or injuries caused by any noxious
perform these activities. or harmful substances used, although no contractual
relation exists between them and the consumers.
You do not have to establish the negligence of the
defendant because the particular activities here are
enjoyable activities but nonetheless posts risk in the PERSONS LIABLE
society and so in the distribution of risks and losses you 1. Manufacturers
hold the one who derived benefit responsible in case a 2. Processors
damage is caused.
__________________________________________________________________________________________________________________
TORTS & DAMAGES | REVIEWER | DEAN LARGO | EH405 | AY 2020 - 2021
Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 33
BASIS OF LIABILITY
ALLIED LAWS
The basis of liability here is the responsibility put upon
Sections 97-102, Consumer Act;
one who sends goods into the channels of trade for use by
Section 31, Corporation Code
others. This covers any liability of a manufacturer or other
seller of a product where personal injury or damage to
some other property is caused by a defect in the product.
SEC. 31, RCC. Dealings of Directors, Trustees or
Officers with the Corporation. – A contract of the
NOTE: Product liability does not cover instances where
corporation with (1) one or more of its directors,
the product does not measure to up the buyer’s
trustees, officers or their spouses and relatives within
expectations based merely on “bad bargains.”
the fourth civil degree of consanguinity or affinity is
voidable, at the option of such corporation, unless all
Pascual v. Ford Motor
the following conditions are present:
Petitioner bought a second-hand Ford E-150 vehicle.
Pascual's driver was driving the vehicle at moderate
a. The presence of such director or trustee in the
speed when the vehicle's right axle broke causing its
board meeting in which the contract was
wheel to be detached. Pascual and the other
approved was not necessary to constitute a
passengers suffered physical injuries and were rushed
quorum for such meeting;
to a hospital.
b. The vote of such director or trustee was not
necessary for the approval of the contract;
Pascual demanded that respondents (Ford Manufacturer
c. The contract is fair and reasonable under the
and Distributor) pay her actual and moral damages
circumstances;
resulting from the incident.
d. In case of corporations vested with public
interest, material contracts are approved by at
The following must be present before a manufacturer or
least two-thirds (2/3) of the entire
seller may be held liable for any damage caused by the
membership of the board, with at least a
product:
majority of the independent directors voting to
1. Proof that the product in question was
approve the material contract; and
defective;
e. In case of an officer, the contract has been
2. The defect must be present upon the delivery
previously authorized by the board of
or manufacture of the product; or when the
directors.
product left the seller's or manufacturer's
control; or when the product was sold to the
Where any of the first three (3) conditions set forth in
purchaser; and
the preceding paragraph is absent, in the case of a
3. The product must have reached the user or
contract with a director or trustee, such contract may
consumer without substantial change in the
be ratified by the vote of the stockholders representing
condition it was sold.
at least two-thirds (2/3) of the outstanding capital
stock or of at least two-thirds (2/3) of the members in
Pascual did not present proof that the vehicle was
a meeting called for the purpose: Provided, That full
defective upon its manufacture. The alteration in the
disclosure of the adverse interest of the directors or
vehicle's rear axle after the vehicle was sold is a
trustees involved is made at such meeting and the
substantial change in the vehicle's condition. Hence, the
contract is fair and reasonable under the
FMCI, as manufacturer, and the FGPI, as
circumstances.
seller/distributor, cannot be held liable for any damage
caused by the vehicle's defect.
Article 97. Consumer Act. Liability for the Defective
Products. – Any Filipino or foreign manufacturer,
Mercury Drug Corporation v. Baking
producer, and any importer, shall be liable for redress,
A druggist is responsible as an absolute guarantor of what
independently of fault, for damages caused to
he sells.
consumers by defects resulting from design,
manufacture, construction, assembly and erection,
As applicable to the owners of drug stores or persons
formulas and handling and making up, presentation or
engaged in vending drugs and medicines by retail the
packing of their products, as well as for the insufficient
legal maxim of “caveat emptor” or “buyers beware’ does
or inadequate information on the use and hazards
not apply. Delivery of poisonous drugs by mistake by the
thereof.
druggist is prima facie negligence, placing the burden on
him to show that the mistake was under the
A product is defective when it does not offer the safety
circumstances consistent with the exercise of due care.

A product is not considered defective because another Article 100. Liability for Product and Service
better quality product has been placed in the market. Imperfection. – The suppliers of durable or
nondurable consumer products are jointly liable for
The manufacturer, builder, producer or importer shall imperfections in quality that render the products unfit
not be held liable when it evidences: or inadequate for consumption for which they are
designed or decrease their value, and for those
d. that it did not place the product on the resulting from inconsistency with the information
market; provided on the container, packaging, labels or
e. that although it did place the product on the publicity messages/advertisement, with due regard to
market such product has no defect; the variations resulting from their nature, the consumer
f. that the consumer or a third party is solely at being able to demand replacement to the imperfect
fault. parts.

Article 98. Liability of Tradesman or Seller. – The If the imperfection is not corrected within thirty (30)
tradesman/seller is likewise liable, pursuant to the days, the consumer may alternatively demand at his
preceding article when; option:
a. the replacement of the product by another of
a. it is not possible to identify the manufacturer, the same kind, in a perfect state of use;
builder, producer or importer. b. the immediate reimbursement of the amount
b. the product is supplied, without clear paid, with monetary updating, without
identification of the manufacturer, producer, prejudice to any losses and damages;
builder or importer;
c. he does not adequately preserve perishable A proportionate price reduction.
goods. The party making payment to the The parties may agree to reduce or increase the term
damaged party may exercise the right to specified in the immediately preceding paragraph; but
recover a part of the whole of the payment such shall not be less than seven (7) nor more than
made against the other responsible parties, in one hundred and eighty (180) days.
accordance with their part or responsibility in
the cause of the damage effected. The consumer may make immediate use of the
alternatives under the second paragraph of this Article
Article 99. Liability for Defective Services. – The when by virtue of the extent of the imperfection, the
service supplier is liable for redress, independently of replacement of the imperfect parts may jeopardize the
fault, for damages caused to consumers by defects product quality or characteristics, thus decreasing its
relating to the rendering of the services, as well as for value.
insufficient or inadequate information on the fruition
and hazards thereof. If the consumer opts for the alternative under
sub-paragraph (a) of the second paragraph of this
The service is defective when it does not provide the Article, and replacement of the product is not possible,
safety the consumer may rightfully expect of it, taking it may be replaced by another of a different kind, mark
the relevant circumstances into consideration, including or model: Provided, That any difference in price may
but not limited to: result thereof shall be supplemented or reimbursed by
the party which caused the damage, without prejudice
a. the manner in which it is provided; to the provisions of the second, third and fourth
b. the result of hazards which may reasonably be paragraphs of this Article.
expected of it;
c. the time when it was provided. Article 101. Liability for Product Quantity Imperfection.
– Suppliers are jointly liable for imperfections in the
A service is not considered defective because of the use quantity of the product when, in due regard for
or introduction of new techniques. variations inherent thereto, their net content is less

The liability of two or more tortfeasors is solidary. The

HEAD OF FAMILY tortfeasor who paid the entire amount has the right to
proportionately collect the amount from the other
tortfeasors.
ARTICLE. 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 NO DOUBLE RECOVERY
Art. 2177, NCC

Person liable: Head of a family that lives in the building

or just a part thereof. ARTICLE 2177. Responsibility for fault or negligence
under the preceding article is entirely separate and
distinct from the civil liability arising from negligence
under the Penal Code. But the plaintiff cannot recover

You may opt for the higher amount but you cannot During the pendency of the criminal action, the running
recover for the award of damages each from the culpa of the period of prescription of the civil action which
criminal and culpa aquiliana case (double recovery rule). cannot be instituted separately or whose proceeding
has been suspended shall be tolled. (n)
Coca- Cola v Social Security Commission
In the Philippines, forum shopping has acquired a The extinction of the penal action does not carry with it
connotation encompassing not only a choice of venues, as extinction of the civil action. However, the civil action
it was originally understood in conflicts of laws, but also based on delict shall be deemed extinguished if there is
to a choice of remedies. a finding in a final judgment in the criminal action that
the act or omission from which the civil liability may
As to the first (choice of venues), the Rules of Court, for arise did not exist
example, allow a plaintiff to commence personal actions
"where the defendant or any of the defendants resides or Section 3. When civil action may proceeded
may be found, or where the plaintiff or any of the independently. — In the cases provided for in
plaintiffs resides, at the election of the plaintiff" (Rule 4, Articles 32, 33, 34 and 2176 of the Civil Code of
Sec. 2[b]). the Philippines, the independent civil action may be
brought by the offended party. It shall proceed
As to remedies, aggrieved parties, for example, are independently of the criminal action and shall require
given a choice of pursuing civil liabilities independently of only a preponderance of evidence. In no case,
the criminal, arising from the same set of facts. A however, may the offended party recover damages
passenger of a public utility vehicle involved in a vehicular twice for the same act or omission charged in the
accident may sue on culpa contractual, culpa aquiliana or criminal action.
culpa criminal – each remedy being available
independently of the others – although he cannot In the event that the offended party filles the two cases
recover more than once. simultaneously or one after the other, should the civil
case for quasi delict be suspended to await the outcome
REQUIREMENT AS TO RESERVATION of the criminal case for the same reckless or negligent
Rule 111, Section 3, act?
Revised Rules of Criminal Procedure
This rule applies only to the separate civil action
filed to recover liability ex-delicto.
Section 2. When separate civil action is Basis: Section 2, Rule 111
suspended. — After the criminal action has been
commenced, the separate civil action arising therefrom If Reserved in the If Filed Prior the Filing
cannot be instituted until final judgment has been Criminal Action of the Criminal Action

NOTE: This does not apply to independent civil actions Malonzo v. Galang (1960)
based on Articles 32, 33, 34 and Art. 2176 of the Civil The cases referred to in Art. 309 (par. 9, Art.2219) and in
Code. Arts. 21,26,27,28,29,30,32,34, and 35 on the chapter on
human relations (par.10, Art.2219) of our Civil Code are
RULE FOR INDEPENDENT CIVIL ACTION otherwise referred to as special torts.
In the cases provided for in Articles 32, 33, 34 and 2176
of the Civil Code, the independent civil action may be
brought by the offended party. ABUSE OF RIGHT

MANNER OF ENFORCEMENT DISTINGUISHED

Article 19. Every person must, in the exercise of his
FROM: rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.
Culpa Contractual Culpa Aquiliana
Article. 20. Every person who, contrary to law,
In culpa aquiliana, the In culpa contractual, the willfully or negligently causes damage to another, shall
negligence is direct and indemnify the latter for the same.
culpa is considered as an
primary. Such that, the accident in the
Wrongful or negligent act Article. 21. Any person who willfully causes loss or
performance of an injury to another in manner that is contrary to morals,
gives rise to an obligation
between two persons not obligation already good customs or public policy shall compensate the
formally bound by any existing. latter for the damage.
other obligation.
Negligence in culpa ARTICLE 19
contractual is only This is intended to expand the concept of torts by
incidental to the granting adequate legal remedy for the untold number of
performance of the moral wrongs which is impossible for human foresight to
obligation. provide specifically in statutory law.

The cause of actions Culpa Contractual and Culpa In a civilized society, men must be able to assume that
Aquiliana must be alternatively filed, and should not be others will do them no intended injury.
filed simultaneously. In Fabre v. CA, the Court held that
it is permitted for a party to allege alternative causes of ELEMENTS OF ART. 19
action and join as many parties as may be liable on such 1. Existence of a legal right or duty;
cause of action so long as plaintiffs do not recover twice 2. Such right or duty is exercised in bad faith; and
for the same injury. 3. For the sole intent of prejudicing or injuring
another.
Whether an aggrieved party can institute for culpa
contractual after having instituted a criminal case for ARTICLE 20
reckless imprudence against the driver of the passenger This speaks of a general sanction for all other provisions
vehicle? of law which do not specifically provide for their own
Yes. Plaintiff’s action for damages under culpa contractual sanction. Thus, anyone who either willfully or negligently,
is independent of that criminal case, and based not on the in the exercise of his legal right or duty, causes damage
employer’s subsidiary liability under the RPC, but on a to another, shall indemnify his victim of injuries suffered
creach of the carrier’s contractual obligation to carry his thereby.
passengers safely to their destination.
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Manila Electric Company v.CA
ARTICLE 21 A public utility effecting disconnection of service to a
This deals with acts contra bonus mores and has the delinquent customer without prior written notice was held
following elements: to have committed tort under Article 21.
1. There is an act that is legal
2. But such is contrary to morals, good customs, Petitioner’s act in disconnecting the gas service without
public order, or public policy prior notice constitutes breach of contract amounting to
3. It is done with the intent to injure independent tort. This is a clear violation of Art. 21.

TEST OF ABUSE OF RIGHT DBP v Court of Appeals, et al.:

There is an abuse of right when it is exercised for the Malice or bad faith is at the core of Art. 19. Good faith is
purpose of prejudicing or injuring another. Thus, when presumed and he who alleges bad faith has the duty to
the objective of the actor is illegitimate, the illicit act prove the same.
cannot be concealed under the guise of exercising a right.
Bad faith does not simply connote bad judgment or simple
Nikko Hotel v. Reyes negligence. It connotes malice. Malice connotes ill-will or
Ms. Lim did not abuse her right to ask Mr. Reyes to leave spite and speaks not in response to duty. It implies an
the party to which he was not invited. She cannot be intention to do ulterior and unjustifiable harm. Malice is
made liable to pay for damages under Articles 19 and 21 bad faith or bad motive.
of the Civil Code. Necessarily, neither can her employer,
Hotel Nikko, be held liable as its liability springs from that
EMOTIONAL DISTRESS TORT ACTION
of its employee.

Article 19, known to contain what is commonly referred to EMOTIONAL DISTRESS TORT ACTION
as the principle of abuse of rights, is not a panacea for all This is a civil action filed by an individual to assuage the
human hurts and social grievances. When Article 19 is injuries to his emotional tranquility due to personal
violated, an action for damages is proper under Articles attacks on his character.
20 or 21 of the Civil Code. Article 20 pertains to damages
arising from a violation of law which does not obtain ELEMENTS OF EMOTIONAL DISTRESS TORT ACTION
herein as Ms. Lim was perfectly within her right to ask 1. The conduct of the defendant that was so
Mr. Reyes to leave. reckless or an intentional disregard for one’s
right
Moreover, the manner by which Ms. Lim asked Mr. Reyes 2. On the part of the plaintiff - the mental distress
to leave was likewise acceptable and humane under the was so severe.
circumstances. Without proof of any ill-motive on her
part. If at all, Ms. Lim is guilty only of bad judgment You would sometimes claim for abuse of right and that
which, if done with good intentions, cannot amount to would not be considered an emotional distress tort action
bad faith. As far as Ms. Lim and Hotel Nikko are UNLESS the conduct of the defendant has so risen to the
concerned, any damage which Mr. Reyes might have level of being so extreme and outrageous.
suffered through Ms. Lim’s exercise of a legitimate right
done within the bounds of propriety and good faith, must MVRS Publications v. Islamic Da’wah Council
be his to bear alone. A writer said something about verses in the Bible that
were deemed offensive against those of the Muslim faith.
University of the East v. Jader They asked for damages and categorized their case as
Where a school was sued for allegedly misleading a emotional distress tort action.
student into believing that the latter had finished all the
requirements for graduation when such is not the case, So it was in fact occasion for the Supreme Court to tell us
the SC found that in belatedly informing the student of what are the elements you must establish if you are filing
the result of the removal examination, particularly at a a case for emotional distress tort action. In abuse of
time when he had already commenced preparing for the rights we said malice.
bar exams, the school, may have acted in bad faith
making the suit an abuse of right under Art. 19. What about emotional distress tort action? The Supreme
Court said when we say emotional distress towards
Educational institutions are duty-bound to inform the action, two things must be established:
students of their academic status, and not wait for the 1. Extreme and outrageous conduct on the part of
latter to inquire from the former. the defendant
2. The anguish of the plaintiffs that is so severe

Article 1314. Any third person who induces another to

Anguish of the plaintiff must be severe
violate his contract shall be liable for damages to the
This refers to any type of severe and disabling emotional other contracting party.
or mental condition which may be generally recognized
and diagnosed by professionals trained to do so, including
posttraumatic stress disorder, neurosis, psychosis, chronic INTERFERENCE WITH CONTRACTUAL RELATIONS
depression, or phobia. The interference is penalized because it violates property
rights of a party in a contract to reap the benefits that
Any party seeking recovery for mental anguish must should result therefrom.
prove more than mere worry, anxiety, vexation,
embarrassment, or anger. Liability does not arise from Lagon v Court of Appeals, et al.
mere insults, indignities, threats, annoyances, petty Elements of Tortious Interference with contractual
expressions, or other trivialities. relations:
a. the existence of a valid contract
The SC held that it is clear that the conduct of petitioners b. knowledge by respondents that such a contract
was not extreme or outrageous. Neither was the existed; and
emotional distress allegedly suffered by respondents so c. acts (done in bad faith and without legal basis)
severe that no reasonable person could be expected to by respondents which interfered in the due
endure it. There is no evidence on record that points to performance by the contracting parties of their
that result. respective obligations under the contract.

If for example you tell your co-employee to transfer to

ALIENATION OF AFFECTION another company to get a higher pay or better benefit
package, is that an interference without legal justification?
No, interference with contractual relations will only be
Article 26. Every person shall respect the dignity, actionable if it is without legal justification. Asking and
personality, privacy and peace of mind of his neighbors looking for better benefits had been considered by the
and other persons. The following and similar acts,
Supreme Court as a legal justification.
though they may not constitute a criminal offense, shall
produce a cause of action for damages, prevention and
other relief: KINDRED TORTS
(1) Prying into the privacy of another's residence;
MEDICAL MALPRACTICE
(2) Meddling with or disturbing the private life or family
relations of another;
Reyes, et al. v Sisters of Mercy Hospital, et al.
(3) Intriguing to cause another to be alienated from his (2000)
friends; Petitioners filed a complaint for damages against
respondents. Their principal contention was that the
(4) Vexing or humiliating another on account of his deceased did not die of typhoid fever but due to the
religious beliefs, lowly station in life, place of birth, wrongful administration of chloromycetin by the doctors
physical defect, or other personal condition.
who attended him. Petitioners asserted the deceased was
merely experiencing fever and chills for five days and was
Here, you can file a case for damages against a person if fully conscious, coherent, and ambulant when he went to
the latter has done you harm that caused you to be the hospital. Yet, he died after only ten hours from the
alienated from the affection of your family. time of his admission.

MVRS Publications v. Islamic Da’wah; Justice Carpio Medical malpractice is a particular form of negligence
Dissenting Opinion which consists in the failure of a physician or surgeon to
What is sought in Art. 26 is social decency and propriety. apply to his practice of medicine that degree of care and
Place of birth, of physical defect, and other personal skill which is ordinarily employed by the profession
conditions are too often the pretext of humiliation cast
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generally, under similar conditions, and in like Cruz v Agas (2015)
surrounding circumstances. Dr. Cruz filed a complaint for serious physical injuries,
through reckless imprudence and medical malpractice
In order to successfully pursue such a claim, a patient against Dr. Agas before office of the prosecutor for the
must prove that the physician or surgeon either failed to bleeding in his colon after the latter performed the
do something which a reasonably prudent physician or colonoscopy procedure.
surgeon would have done, or that he or she did
something that a reasonably prudent physician or surgeon A medical negligence case can prosper if the patient can
would not have done, and that the failure or action present solid proof that the doctor, like in this case, either
caused injury to the patient. failed to do something which a reasonably prudent doctor
would have done, or that he did something that a
There are thus four elements involved in medical reasonably prudent doctor would not have done, and such
negligence cases, namely: failure or action caused injury to the patient. Simply put,
1. Duty, the elements are duty, breach, injury and proximate
2. Breach, causation.
3. Injury, and
4. Proximate Causation In this case, Dr. Cruz has the burden of showing the
negligence or recklessness of Dr. Agas. Although there is
Respondents were thus duty-bound to use at least the no dispute that Dr. Cruz sustained internal hemorrhage
same level of care that any reasonably competent doctor due to a tear in the serosa of his sigmoid colon, Dr. Cruz
would use to treat a condition under the same failed to show and explain that particular negligent or
circumstances. It is breach of this duty which constitutes reckless act or omission committed by Dr. Agas. Stated
actionable malpractice. The determination of the differently, Dr. Cruz did not demonstrate that there was
reasonable level of care and the breach, expert testimony "inexcusable lack of precaution" on the part of Dr. Agas.
is essential.
Professional Services, Inc. v Agana (2010)
Jarcia, Jr. v People (2012) Sps. Agana filed a complaint for damages against PSI
Private respondent lodged a complaint with the NBI (owner of Medical City), Dr. Ampil, and Dr. Fuentes,
against the petitioners, physicians, for their alleged alleging that the latter are liable for negligence for leaving
neglect of professional duty which caused respondent’s two (2) pieces of gauze in Natividad’s body, and
son to suffer serious physical injuries. malpractice for concealing their acts of negligence.

It can be gleaned from the testimony of the doctor that a Dr. Ampil is liable for negligence and malpractice. Leaving
thorough examination was not performed on the victim. foreign substances in the wound after the incision has
As residents on duty at the emergency room, the been closed is at least prima facie negligence by the
attending physicians were expected to know the medical operating surgeon. Even if it has been shown that a
protocol in treating leg fractures and in attending to surgeon was required to leave a sponge in his patient’s
victims of car accidents. There was, however, no precise abdomen because of the dangers attendant upon delay,
evidence and scientific explanation pointing to the fact still, it is his legal duty to inform his patient within a
that the delay in the application of the cast to the reasonable time by advising her of what he had been
patient's fractured leg because of failure to immediately compelled to do, so she can seek relief from the effects of
diagnose the specific injury of the patient prolonged the the foreign object left in her body as her condition might
pain of the child or aggravated his condition or even permit. What’s worse in this case is that he misled her by
caused further complications. saying that the pain was an ordinary consequence of her
operation.
Any person may opine that had patient been treated
properly and given the extensive X-ray examination, the To successfully pursue this case of medical negligence, a
extent and severity of the injury, spiral fracture of the patient must only prove that a health care provider either
mid-tibial part or the bigger bone of the leg, could have failed to do something or did something which a
been detected early on and the prolonged pain and reasonably prudent health care provider would have done
suffering of the victim could have been prevented. But and that the failure or action caused injury to the patient.
still, that opinion, even how logical it may seem would
not, and could not, be enough basis to hold one criminally Dr. Fuentes is not liable. Under the Captain of the Ship
liable; thus, a reasonable doubt as to the petitioners' rule, the operating surgeon is the person in complete
guilt. charge of the surgery room and all personnel connected
with the operation. That Dr. Ampil discharged such role is
evident from the acts that he called Dr. Fuentes to

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perform a hysterectomy; he examined Dr. Fuentes’ work patient's diabetes should have been managed by an
and found it in order; he granted Dr. Fuentes permission internist prior to, during, and after the operation.
to leave; and he ordered the closure of the incision.
The above facts point only to one conclusion - that the
Garcia-Rueda v Pascasio, et al., (1997) petitioner spouses failed, as medical professionals, to
Husband of petitioner, underwent surgical operation at comply with their duty to observe the standard of care to
the UST hospital for the removal of a stone blocking his be given to hyperglycemic/diabetic patients undergoing
ureter. He was attended by Dr. Antonio. who was the surgery.
surgeon, while Dr. Reyes was the anaesthesiologist. Six
hours after the surgery, however, the husband died of Ramos et al. v Court of Appeals (2002)
complications of “unknown cause,” according to officials of Ramos had stones in her gallbladder and was told to
the UST Hospital. Petitioner faults the respondents for the undergo an operation to remove them by Dr. Hosaka. The
improper administration of anesthesia to the deceased. patient was released from the hospital in a comatose
condition. An action for damages was filed against Dr.
Evidently, when the victim employed the services of Dr. Hosaka, Dr. Gutierrez, and the hospital. Petitioners
Antonio and Dr. Reyes, a physician-patient relationship contend that faulty management caused the lack of
was created. In accepting the case, Dr. Antonio and Dr. oxygen in the patient’s brain. Respondents counter that
Reyes in effect represented that, having the needed the brain damage was Erlinda's allergic reaction to the
training and skill possessed by physicians and surgeons anesthesia.
practicing in the same field, they will employ such
training, care, and skill in the treatment of their patients. For Dra. Gutierrez, she is found negligent during the
anesthesia phase. As borne by the records, she failed to
They have a duty to use at least the same level of care properly intubate the patient which she admitted .An
that any other reasonably competent doctor would use to experienced anesthesiologist, adequately alerted by a
treat a condition under the same circumstances. The thorough preoperative evaluation, would have had little
breach of these professional duties of skill and care, or difficulty going around the short neck and protruding
their improper performance, by a physician surgeon teeth. Hence, she was negligent.
whereby the patient is injured in body or in health,
constitutes actionable malpractice. Consequently, in the For Dr. Orlino Hosaka, as the head of the surgical team
event that any injury results to the patient from want of and as the so-called captain of the ship, it is his
due care or skill during the operation, the surgeons may responsibility to see to it that those under him perform
be held answerable in damages for negligence. their task in the proper manner. His negligence can be
found in his failure to exercise the proper authority (as
Causal connection is discernible from the occurrence of the captain of the operative team) in not determining if
the victim’s death after the negligent act of the his anesthesiologist observed proper anesthesia protocols.
anaesthesiologist in administering the anesthesia, a fact In fact, no evidence on record exists to show that Dr.
which, if confirmed, should warrant the filing of the Hosaka verified if Dra. Gutierrez properly intubated the
appropriate criminal case. To be sure, the allegation of patient.
negligence is not entirely baseless. Moreover, the NBI
deduced that the attending surgeons did not conduct the Li v Sps. Soliman (2011)
necessary interview of the patient prior to the operation. Whether the petitioner can be held liable for failure to
fully disclose serious side effects to the parents of the
Sps. Flores v Sps. Pineda, (2008) child patient who died while undergoing chemotherapy,
If a patient suffers from some disability that increases the despite the absence of finding that petitioner was
magnitude of risk to him, that disability must be taken negligent in administering the said treatment. NO.
into account so long as it is or should have been known to
the physician. And when the patient is exposed to an Medical negligence cases are best proved by opinions of
increased risk, it is incumbent upon the physician to take expert witnesses belonging in the same general
commensurate and adequate precautions. neighborhood and in the same general line of practice as
defendant physician or surgeon. The defence of courts to
Taking into account Teresita's high blood sugar, Dr. the expert opinion of qualified physicians stems from the
Mendoza opined that the attending physician should have former’s realization that the latter possess unusual
postponed the operation in order to conduct a technical skills which laymen in the most instances are
confirmatory test to make a conclusive diagnosis of incapable of intelligently evaluating, hence the
diabetes and to refer the case to an internist or indispensability of expert testimonies.
diabetologist. This was corroborated by Dr. Tan, an
obstetrician and gynecologist, who stated that the

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Doctrine of Informed Consent
PRIVACY TORTS
A physician has a duty to disclose what a reasonably
prudent physician in the medical community in the
exercise of reasonable care would disclose to his patient Right to Privacy is considered inherent and constitutional.
as to whatever grave risks of injury might be incurred It is inherent because you do not need any constitutional
from a proposed course of treatment, so that a patient, provision to be able to invoke it, but the fact that there
exercising ordinary care for his own welfare, and faced are constitutional provisions, concerning or dealing with
with a choice of undergoing the proposed treatment, or right to privacy, means that there is an added protection
alternative treatment, or none at all, may intelligently and an added guarantee to what is already an inherent
exercise his judgment by reasonably balancing the right to privacy.
probable risks against the probable benefits.
Morfe vs. Mutuc (1968)
SC held that there was adequate disclosure of material The right to be let alone is indeed the beginning of all
risks inherent in the chemotherapy procedure performed freedom. As a matter of fact, this right to be alone is “the
with the consent of the patient’s parents. By the nature of most comprehensive of rights and the right most valued
the disease itself, each patient's reaction to the chemical by civilized men.”
agents even with pre-treatment laboratory tests cannot
be precisely determined by the physician. THREE ZONES OF PRIVACY
1. Locational or Situational
Casumpang v Cortejo, (2015) 2. Decisional
Dr. Casumpang failed to timely diagnose Edmer with 3. Informational
dengue fever despite the presence of its characteristic
symptoms; and as a consequence of the delayed LOCATIONAL OR SITUATIONAL
diagnosis, he also failed to promptly manage Edmer's Privacy that is felt in a physical space. It may be
illness. violated through an act of trespass or through an unlawful
search.
Had he immediately conducted confirmatory tests, (i.e.,
tourniquet tests and series of blood tests) and promptly There are collections of jurisprudence, as well as
administered the proper care and management needed constitutional provisions that protect, guarantee and
for dengue fever, the risk of complications or even death, ensure your locational or situational privacy. For example,
could have been substantially reduced. Article 3, Section 2 of the 1987 Constitution, Privacy of
Communication and Correspondence, and the guidelines
Alano v Magud-Logmao (2014) announced by the court if it is a bus search or checkpoint
WON respondent's sufferings were brought about by search.
petitioner's alleged negligence in granting authorization
for the removal or retrieval of the internal organs of Example: If it is a bus search, there are guidelines that
respondent's son who had been declared brain dead? NO. had been laid down by the Supreme Court in the case of
Saluday v. People, and then of course, if it is a
A careful reading of the Memorandum of petitioner shows checkpoint search, there are also guidelines to be
that he instructed his subordinates to "make certain" that followed by the government as laid down in the case of
"all reasonable efforts" are exerted to locate the patient's People of the Philippines v. Escaño.
next of kin, even enumerating ways in which to ensure
that notices of the death of the patient would reach said DECISIONAL
relatives. This is the right to make certain kinds of fundamental
choices with respect to their personal and reproductive
It also clearly stated that permission or authorization to autonomy. It refers to the independence in making
retrieve and remove the internal organs of the deceased certain kinds of important decisions concerning speech,
was being given ONLY IF the provisions of the applicable religion, personal relations, education and sexual
law had been complied with. Such instructions reveal that preferences.
petitioner acted prudently by directing his subordinates to
exhaust all reasonable means of locating the relatives of INFORMATIONAL
the deceased. The Court also emphasized that the internal This pertains to one’s right to control “the processing
organs of the deceased were removed only after he had of personal information (acquisition, disclosure, and
been declared brain dead; thus, the emotional pain use). This is the right not to have personal information
suffered by respondent due to the death of her son disclosed, but not just that, this also pertains to your right
cannot in any way be attributed to petitioner. to live freely and without surveillance and intrusion.

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Disini v. Secretary of Justice (2014) be searched and because of that, personal data had in
In determining whether a matter is entitled to the right to fact been found, and that information was now used in
privacy, the Court has laid down a two-fold test. the administrative case against Pollo. Using the two-fold
test, there is a claim to a right to privacy.
The first is a subjective test, where one claiming the
right must have an actual or legitimate expectation of Question: You are a government employee, you have
privacy over a certain matter. been issued an office computer, you saved data in that
computer, and you protected access to that computer
This is the test that is to be employed and viewed from with a password, is it reasonable for the society to accept
the perspective of the one claiming the right. This that you have an expectation of privacy?
answers the question of, is the one claiming the right,
saying that he/she has legitimate expectation of privacy? Using the objective test, the Supreme Court said that
The one claiming the right is saying that, “I have actual or Pollo cannot claim a reasonable expectation of privacy.
legitimate expectation of privacy in this case.” Even if we use the subjective test, there was a proven
expectation of privacy by the claimant of the right.
The second is an objective test, where his or her However, applying the objective test, it’s not reasonable
expectation of privacy must be one society is prepared to for you to claim privacy because it’s already placed in the
accept as objectively reasonable. Computer Use Policy, and even if you put passwords, that
password should not imply expectation of privacy because
It is another thing to know that expectation of privacy is CSC has a global password that can be used to access the
something that the society is prepared to accept as materials encoded in your computer.
indeed reasonable. Because it could happen that you will
say, “I am claiming my right to privacy in this case.” It’s In this case, the Supreme Court said that privacy claims
like putting forth a subjective test by saying, “I am cannot be given due course.
actually having a legitimate expectation of privacy in this
situation.”, but in truth and in fact, if you are just looking Vivares vs St Theresa’s College (2014)
into it objectively, the claim of privacy is not something The root cause of this case are the photographs that were
that the society is prepared to accept. posted by the students minors in their Facebook accounts
that were viewed by their school administrators and were
The Supreme Court said that, whenever you invoke used in order to impose the school policy upon the
informational privacy, whenever you claim that there is a students concerned.
violation of your right to privacy, the court will almost
always subject the query or the question or the issue to a The claim of the students is that the viewing of the
two-fold test. photographs is a violation of their right to privacy. If we
invoke the right to privacy, we have to apply the
Example: You are in a public place and someone took a two-fold test.
photo of you. You being in the public sphere or public
place, the people will say that you should not expect any
Using the subjective test, there is now a claim of
reasonable sense of privacy. Even if you claim that you
expectation of privacy, but that is not enough. We will
have a legitimate expectation of privacy –and that is
now apply the objective test to answer the question “is
therefore a subjective test– that claim of privacy will still
the society prepared to accept as reasonable the claim of
have to go through the objective test. It will still be asked
the students-minors of their expectation of privacy?”
whether your expectation of privacy is something that the
society is prepared to accept as indeed objectively
The Supreme Court said that there is no reasonable
reasonable.
expectation of privacy when a person posts something in
social media because the matters that are posted there
Whenever there is a claim to right of privacy, that claim
are meant to be shared. Otherwise, it won’t be called
will always be subjected to this two-fold test.
social media. The only way that you can prevent the
sharing is when you put the setting on an “Only Me”
Pollo vs. David (2011)
setting, which was not applicable in the case at bar.
Pollo is a government official, employed by the Civil
Therefore, there was no violation on the right to privacy.
Service Commission. He was issued an office computer
While the “images are personal in nature”, inasmuch as
and then within that office computer, he saved his paper
Facebook’s “Only Me” setting was not utilized, there is no
works as a lawyer like the pleadings on behalf of another
reasonable expectation of [informational] privacy with
person with a case in his office in the Civil Service
respect to the photographs in question.
Commission Office. Commissioner David, on the other
hand, ordered that the office computer assigned to Pollo

SECTION 6. Extraterritorial Application. — This Act

PURPOSE
applies to an act done or practice engaged in and
The purpose of the Data Privacy Act is to “safeguard the outside of the Philippines by an entity if:
fundamental human right of every individual to privacy
while ensuring free flow of information for innovation, a. The act, practice or processing relates to
personal information about a Philippine citizen
growth, and national development.”
or a resident;
b. The entity has a link with the Philippines, and
NOTE: DPA does not apply with information for research the entity is processing personal information in
purposes to allow free flow of information for innovation, the Philippines or even if the processing is
growth, and national development. This means the law outside the Philippines as long as it is about
tries to balance the right to privacy with free flow of Philippine citizens or residents such as, but not
information. limited to, the following:
i. A contract is entered in the
Philippines;
SUBJECT MATTER OF RA 10173 ii. A juridical entity unincorporated in
The data subject who is an individual whose personal the Philippines but has central
information is processed. management and control in the
country; and
Example: A company filed a complaint against another for iii. An entity that has a branch, agency,
office or subsidiary in the Philippines
allegedly exposing the company's trade secret. First
and the parent or affiliate of the
question resolved is, is this company a data subject that
Philippine entity has access to
can invoke the right under RA 10173? No. It only applies personal information; and
to an individual natural person. c. The entity has other links in the Philippines
such as, but not limited to:
i. The entity carries on business in the
ADVISORY OPINION NO. 2018-017
Philippines; and
By its very definition, trade secrets refer to information ii. The personal information was
relating to plans, process, tools and the like of business. collected or held by an entity in the
Philippines.
The Data Privacy Act (DPA), on the other hand, was
enacted to protect and secure personal data of
The DPA can have extraterritorial application provided:
individuals.
1. The act, practice or processing relates to
personal information about a PH citizen or
AGAINST WHOM CAN IT CLAIMED
resident
Natural or juridical person within and outside the
2. The entity has a link with the Philippines
Philippines. The one who will process the data can be
individual or corporation, hence, it can be directed against
NOTE:
both.
1. Data refers to all types of personal information.
2. Data subject refers to an individual whose
However, the claimant of such rights can only be
personal, sensitive personal, or privileged
individual.
information is processed.

PROCESSING OF PERSONAL DATA

Any operation or any set of operations performed upon PERSONAL INFORMATION CONTROLLER (PIC)
personal data including but not limited to collection,
recording, organization, storage, updating or modification,
A person or organization who controls the collection,
retrieval, consultation, use, consolidation, blocking,
holding, processing or use of personal information.
erasure or destruction of data.

Examples: USC, SSS, All gov agencies processing

Processing may be performed through automated means,
personal data, banks, hospital, Lazada, Shopee.
or manual processing, if the personal data are contained
or are intended to be contained on a filing system. It can
EXCLUSIONS:
be shortened into, anything or everything you do to a
1. A person or organization who performs such
personal data is called processing.
functions as instructed by another person or
organization.

GENERAL DATA PRIVACY PRINCIPLES

TRANSPARENCY
The data subject must be aware of the nature, purpose,
and extent of the processing of his or her personal data,
SEC. 11. General Data Privacy Principles. – The
including:
processing of personal information shall be allowed,
1. the risks and safeguards involved
subject to compliance with the requirements of this Act
2. the identity of personal information controller
and other laws allowing disclosure of information to the
3. his or her rights as a data subject, and
public and adherence to the principles of transparency,
4. how these rights can be exercised.
legitimate purpose and proportionality.

Any information and communication relating to the

Personal information must, be:,
processing of personal data should be easy to access and
a. Collected for specified and legitimate purposes
understand, using clear and plain language.
determined and declared before, or as soon as
reasonably practicable after collection, and
Example: If you are collecting personal data, the data
later processed in a way compatible with such
subject must be made aware of the nature, purpose, and
declared, specified and legitimate purposes
extent of the processing of his or her personal data. He
only;
must be made aware in a manner that is understandable
b. Processed fairly and lawfully;
using clear and plain language. The first obligation of
c. Accurate, relevant and, where necessary for
anyone who collects personal data is to be transparent in
purposes for which it is to be used the
the processing of data.
processing of personal information, kept up to
date; inaccurate or incomplete data must be
How is the PIC (personal information controller/the one
rectified, supplemented, destroyed or their
who collects) able to display transparency?
further processing restricted;
When you go to Lazada or Shopee before you can input
d. Adequate and not excessive in relation to the
your personal information, you are supposed to be
purposes for which they are collected and
informed, if they are observing the principle of
processed;
transparency, why are they collecting that data? What is
e. Retained only for as long as necessary for the
the purpose? What is the extent of the collection?
fulfillment of the purposes for which the data
was obtained or for the establishment,
The reason why he is collecting such information, purpose
exercise or defense of legal claims, or for
and extent of the collection must be explained to you in a
legitimate business purposes, or as provided
manner that is easy to understand, easily accessible,
by law; and
using plain and clear language. So, if it is convoluted, that
f. Kept in a form which permits identification of
cannot be. It has to be in clear and plain language.
data subjects for no longer than is necessary
for the purposes for which the data were
LEGITIMATE PURPOSE
collected and processed: Provided, That
The processing of information shall be compatible with a
personal information collected for other
declared and specified purpose which must not be
purposes may lie processed for historical,
contrary to law, morals, or public policy.

PERSONAL INFORMATION
Example: There was this ordinance passed in NCR which
was invalidated by the National Privacy Commission for
violating the rules of proportionality because they were Any information, whether recorded in a material form or
asking so many details and information not relevant to not, from which the identity of an individual is apparent or
the declared specified purpose. So, it has become can be reasonably and directly ascertained by the entity
excessive and unnecessary. So, if that is the case, it is no holding the information, or when put together with
longer compliant with the requirement of proportionality. other information would directly and certainly identify
an individual.
NOTE: Your privacy is respected in such a way, that you
can only be asked to submit data or information that is PERSONAL INFORMATION v. ANONYMIZED
compatible with law, morals, public policy and you must INFORMATION v. PSEUDONYMIZED INFORMATION
specify the goal or purpose so we can indeed check if it is
not contrary to law morals or public policy. Personal Information
It establishes an identity. Personal Information can be
Having specified the purpose and the nature, you must processed subject to the requirements of processing and
indicate the extent of the processing because you cannot subject to the conditions prescribed by law.
simply be asking for data or information that is no longer
related or is already excessive in relation to your declared Examples: your name, address, video footage, if
and specified purpose. They cannot ask for information identifiable; if the quality of the video is such that you
that is not necessary to meet the objective or to meet the can't identify a person, then it is not considered a PI
goal for the collection.

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Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 47
Anonymized Information
with a legal obligation to which the personal
Anonymization removes it from the concept of personal
information controller is subject;
information; it cannot anymore establish the identity of an
d. The processing is necessary to protect vitally
individual
important interests of the data subject,
including life and health;
NOTE: If it is not personal information, then it is not
e. The processing is necessary in order to
covered by the Data Privacy Act
respond to national emergency, to comply
with the requirements of public order and
Example: If someone asks from USC on how many
safety, or to fulfill functions of public authority
students are there in USC Law, and USC answers 1,005
which necessarily includes the processing of
students. There is no identity here that is divulged
personal data for the fulfillment of its
because you cannot gather from that figure on who are
mandate; or
the persons involved. By doing such, we have anonymized
f. The processing is necessary for the purposes
the information and by anonymizing the information, DPA
of the legitimate interests pursued by the
will not apply. Anonymized information is not personal
personal information controller or by a third
information because we cannot anymore establish the
party or parties to whom the data is disclosed,
identity of the individual.
except where such interests are overridden by
fundamental rights and freedoms of the data
Example: In a CBA negotiation, when the Union asked for
subject which require protection under the
the number of rank-and-file employees, the CBA
Philippine Constitution.
negotiator did not give the information requested by the
Union because that is a violation of DPA. He is wrong.
When you ask for the number of employees of an
CONSENT AS LAWFUL PROCESSING OF DATA
establishment, can you identify the identity of these
rank-and-file employees? No. Not being a PI, not anymore
covered by DPA. NOTE: Let us dispel the notion that one cannot collect or
use personal information if he/she failed to obtain the
Pseudonymized Information consent of the data subject. Consent is just one of the
Example: The use of voice changer to hide identity instances where processing of personal information
can be done. So even if one does not give consent but
Is this similar to anonymized information? the processing is being done to fulfill an obligation under
Not all pseudonymized information will successfully reveal the contract or the processing is being done to comply
the identity of the data subject. To the extent that you with a legal obligation, lawful processing can be done.
can still establish the identity of the individual, then it
remains personal information even if pseudonymized. So again, processing can be done even in the absence of
consent as long as it falls under any of the conditions
NOTE: The key is if you can still establish the identity or enumerated in Section 12 of the law.
put together the information that would directly identify
an individual, then it is personal information.
OTHER LAWFUL PROCESSING OF DATA ASIDE
FROM CONSENT
CRITERIA FOR LAWFUL PROCESSING OF
PERSONAL INFORMATION
(c) The processing is necessary for compliance with
a legal obligation to which the personal information
controller is subject
SEC. 12. Criteria for Lawful Processing of
Personal Information. – The processing of personal
Illustration: In a homeowner’s association, a member
information shall be permitted only if not otherwise
asks another member of the homeowner’s association for
prohibited by law, and when at least one of the
a list of unit numbers of members in good standing and
following conditions exists:
for a list of those who are also delinquent. If you’re the
a. The data subject has given his or her consent;
lawyer of the association, will you email each homeowner
b. The processing of personal information is
and ask for their consent? What if one unit owner will say
necessary and is related to the fulfillment of a
“no, i don't want you to give the information pertaining to
contract with the data subject or in order to
my ownership of this unit”. Will the homeowner’s
take steps at the request of the data subject
association violate your unit owners right if the
prior to entering into a contract;
homeowners association still releases the list to the
c. The processing is necessary for compliance
requesting member? No.

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Sources: Laws & Jurisprudence on Torts and Damages by Joan S. Largo (2020) | Class Transcripts | Case Digests
Page 48
Advisory Opinion No. 2018-11, NPC Advisory Opinion No. 2018-020, the NPC
Section 12(c) states that the personal information may be There is a legitimate interest of the school in posting the
processed if it is necessary to comply with a legal names of the bulletin board of the successful applicants
obligation to which the personal information controller is because how else can we inform the applicant that have
subject. successfully passed the examinations. The legitimate
interest here of the school is in simply informing the
In the illustration provided, the condominium association applicants that they have successfully passed the
has a legal obligation rooted in Section 74 the Corporation examination in the most transparent and practical way.
Code to provide access to and inspect corporate records This is in fact a condition that is permitted for the release
and documents and even financial statements as stated in of personal information under Section 12(f) of RA 10173
Section 75 of the Code. So such information can be where the processing is necessary to pursue the
released because he is required to comply and observe legitimate interests of the personal information controller.
the duty to inspect by the member.
Here, in order to determine if it involves a legitimate
(e) The processing is necessary in order to respond interest on the part of the personal information
to national emergency, to comply with the controller, the Supreme Court and then the NPC provided
requirements of public order and safety, or to fulfill that the legitimacy of the interest can be determined
functions of public authority which necessarily using the three tests: purpose test, necessity test, and
includes the processing of personal data for the balancing test.
fulfillment of its mandate
Illustration: Still on 12(f), we bring forth the matter
Illustration: May a security agency or establishment concerning installation of CCTV footage in the workplace,
disclose to the PNP or barangay officials the personal in school, or even in a subdivision. The NPC defined CCTV
information of a suspect including his or her name photo as a camera surveillance system that captures images of
or address for apprehension purposes? For example, the individuals or information relating to the individuals. Is it
case involves an employee of the agency and this personal information? YES because it can establish the
employee is a suspect in a murder case. So the PNP and identity of the person.
barangay officials asked for the name, photo, and address
of your employees so that they can apprehend the The NPC added that if a camera surveillance footage is of
employee. Does the agency need to ask for the sufficient quality, a person with necessary knowledge will
employee’s consent? No. be able to reasonably ascertain the identity of the
individual from that footage. And so, in that sense, the
Advisory Opinion No. 2018-24 of the NPC CCTV footage of the person appearing in that footage is
It said you can disclose the personal information of that considered personal information.
person that is in the security agency’s possession to police
officers because that is allowed under Section 12(e) of RA There was a case involving the employees of an
No. 10173: “If the processing of information is necessary establishment who complained that the employer cannot
to respond to a national emergency or to comply with the put up a CCTV camera because that’s a violation to their
requirements of public order and safety as prescribed by right to privacy. How did the NPC deal with the claimed
law.” violation?

(f) The processing is necessary for the purposes of Advisory Opinion No. 2019 in 2019 No. 023
the legitimate interests pursued by the personal The NPC advised that CCTV footage is personal
information controller or by a third party or parties information but the processing can be done even without
to whom the data is disclosed, except where such consent of the data subject because it falls under Section
interests are overridden by fundamental rights and 12(f) as there is legitimate interest.
freedoms of the data subject which require
protection under the Philippine Constitution. Every employer can have a legitimate interest in
processing personal information of its employees through
Illustration: Schools would post the names of the CCTV because there is a legitimate interest in keeping the
successful applicants. A complaint was filed against the employees safe, in preventing crime, and in detecting
posting of the names in the bulletin board of University of employee misconduct. However, the NPC emphasized that
the East Ramon Magsaysay Memorial Medical Center as employees must be properly informed and oriented about
the information was posted without his permission. the policy on CCTV and surveillance cameras, including
the place, time, and circumstances of such recording.

NOTE: It is not enough that it falls under lawful

conditions for processing, you need to also address the
SEC. 13. Sensitive Personal Information and
first requirement of adhering to the general data privacy
Privileged Information. – The processing of sensitive
principles. Even if there is legitimate interest, it must still
personal information and privileged information shall be
be determined whether the data privacy principles
prohibited, except in the following cases:
(transparency, legitimate purpose and proportionality)
a. The data subject has given his or her consent,
have been observed.
specific to the purpose prior to the processing,
or in the case of privileged information, all
SENSITIVE PERSONAL INFORMATION parties to the exchange have given their
consent prior to processing;
b. The processing of the same is provided for by
SECTION 3. Definition of Terms: Sensitive personal existing laws and regulations: Provided, That
information refers to personal information: such regulatory enactments guarantee the
1. About an individual's race, ethnic origin, protection of the sensitive personal
marital status, age, color, and religious, information and the privileged information:
philosophical or political affiliations; Provided, further, That the consent of the data
2. About an individual's health, education, subjects are not required by law or regulation
genetic or sexual life of a person, or to any permitting the processing of the sensitive
proceeding for any offense committed or personal information or the privileged
alleged to have been committed by such information;
person, the disposal of such proceedings, or c. The processing is necessary to protect the life
the sentence of any court in such proceedings; and health of the data subject or another
3. Issued by government agencies peculiar to an person, and the data subject is not legally or
individual which includes, but not limited to, physically able to express his or her consent
social security numbers, previous or current prior to the processing;
health records, licenses or its denials, d. The processing is necessary to achieve the
suspension or revocation, and tax returns; and lawful and noncommercial objectives of public
4. Specifically established by an executive order organizations and their associations: Provided,
or an act of Congress to be kept classified. That such processing is only confined and
related to the bona fide members of these
organizations or their associations: Provided,
KINDS OF SENSITIVE PERSONAL INFORMATION
further, That the sensitive personal
The ff. information about a person is considered SPI:
information are not transferred to third
1. [REMARC] - race, ethnic origin, marital status,
parties: Provided, finally, That consent of the
age, color, religious, philosophical or political
data subject was obtained prior to processing;
affiliation
e. The processing is necessary for purposes of
2. [SHOE] - sexual life, health, offense, and
medical treatment, is carried out by a medical
education.
practitioner or a medical treatment institution,
3. Any information issued by government agencies
and an adequate level of protection of
peculiar to an individual such as social security
personal information is ensured; or
number, health record, licenses, suspension and
f. The processing concerns such personal
revocation, and tax returns. And then your
information as is necessary for the protection
educational record, passport, license, and then
of lawful rights and interests of natural or legal
bank accounts.
persons in court proceedings, or the
establishment, exercise or defense of legal
General Rule: Processing of SPI is prohibited.
claims, or when provided to government or
Exception: Processing may be allowed in some cases.
public authority

REMEMBER: Processing of Personal Information is

allowed as long as the conditions are observed and the
conditions are found in Section 12. But in the case of

What if no consent is given? Does that mean that Can LGU release a tax declaration to a requesting lawyer?
you can no longer process Sensitive Personal Advisory Opinion 2019-13
Information? The NPC provided that in this situation the person
Aside from obtaining consent, there can be other requesting is claiming legal interest over the property and
instances where Sensitive Personal Information may be therefore it involves the protection of lawful rights and
processed: interests or establishment exercise or defense of a legal
● If processing is done because it is provided for by claim. So even if that tax declaration contained an SPI
existing laws and regulations because it has the TIN of the declared owner, the SPI
● If the processing is done because it is necessary generally cannot be processed but in this case, it falls
to protect the life and health of the data subject under exception (Section 13f) so NPC said the Assessor’s
● If the processing is done because it is necessary office may release it.
to achieve a lawful and noncommercial objective
of a public organization
SCOPE AND EXCEPTIONS
● If processing is done because it is necessary for
the purpose of medical treatment
● If the processing is done for the protection of
SEC. 4. Scope. – This Act applies to the processing of
lawful rights and interests or the establishment,
all types of personal information and to any natural and
exercise or defense of a legal claim or when
juridical person involved in personal information
provided to government or public authority or
processing including those personal information
someone in relation to a constitutional or
controllers and processors who, although not found or
statutory mandate
established in the Philippines, use equipment that are
located in the Philippines, or those who maintain an
Illustration: There was a daughter who wrote Lyceum of
office, branch or agency in the Philippines subject to
the Philippines University. She was asking for information
the immediately succeeding paragraph: Provided, That
concerning her biological father, she was asking for the

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Page 51
the requirements of Section 5 are complied with. Anti-Money Laundering Act and other
applicable laws; and
This Act does not apply to the following: g. Personal information originally collected from
a. Information about any individual who is or was residents of foreign jurisdictions in accordance
an officer or employee of a government with the laws of those foreign jurisdictions,
institution that relates to the position or including any applicable data privacy laws,
functions of the individual, including: which is being processed in the Philippines.
1. The fact that the individual is or was
an officer or employee of the
NOTE: Data privacy actually will not be invoked for
government institution;
information that is necessary for journalistic artistic or
2. The title, business address and office
literary purpose. That is under Section 4 of the DPA.
telephone number of the individual;
3. The classification, salary range and
NOTE: In Section 4, it says do not invoke data privacy if
responsibilities of the position held by
the information that is requested relates to the fact that
the individual; and
the individual was an officer of the government institution
4. The name of the individual on a
or it relates to the title business address and phone
document prepared by the individual
number of the individual working for the government. If
in the course of employment with the
you are asking for the information in relation to
government;
journalistic artistic or literary purpose, research purpose
intended for public benefit, it is not covered by the DPA.
b. Information about an individual who is or was
performing service under contract for a
What if the information is requested in the performance of
government institution that relates to the
law enforcement or regulatory function?
services performed, including the terms of the
Keep in mind two terms:
contract, and the name of the individual given
1. Law enforcement and
in the course of the performance of those
2. Regulatory function.
services;
c. Information relating to any discretionary
Illustration: NBI requested the Philippine Statistics
benefit of a financial nature such as the
Authority to authenticate a copy of a marriage contract
granting of a license or permit given by the
pursuant to the investigation it is conducting regarding a
government to an individual, including the
violation of RA 9262 - VAWC. The PSA refused on the
name of the individual and the exact nature of
ground that it is a violation of the Data Privacy Act.
the benefit;
d. Personal information processed for journalistic,
Is information contained in a marriage contract SPI?
artistic, literary or research purposes;
YES. Since it involves one’s marital status. NBI replied
e. Information necessary in order to carry out
that the refusal impedes our investigation. So this is now
the functions of public authority which includes
a battle between two government agencies NBI and the
the processing of personal data for the
PSA.
performance by the independent, central
monetary authority and law enforcement and
Advisory Opinion No. 2018-079
regulatory agencies of their constitutionally
It advised that the NBI had two functions, as an
and statutorily mandated functions. Nothing in
investigative agency or as a law enforcement agency.
this Act shall be construed as to have
amended or repealed Republic Act No. 1405,
When it processes information regarding a violation of the
otherwise known as the Secrecy of Bank
Anti Child Pornography Act, Comprehensive Dangerous
Deposits Act; Republic Act No. 6426,
Drugs Act of 2002; 9262 VAWC, the NBI there is acting
otherwise known as the Foreign Currency
as a law enforcement agency not as an investigative
Deposit Act; and Republic Act No. 9510,
agency and because it is acting as a law enforcement
otherwise known as the Credit Information
agency, it is covered by Section 4 because the
System Act (CISA);
information being requested is done in the performance of
f. Information necessary for banks and other
law enforcement and not due investigative functions.
financial institutions under the jurisdiction of
Thus, the DPA is not applicable.
the independent, central monetary authority
or Bangko Sentral ng Pilipinas to comply with
The processing falls under Section 13(b) of the DPA which
Republic Act No. 9510, and Republic Act No.
states that the processing of sensitive personal
9160, as amended, otherwise known as the
information is permitted when the processing is provided

Does Section 4 apply for apprehension purposes Right to Erasure or Blocking

mentioned earlier? On the other hand, your right to erasure or blocking is
If it does not fall under law enforcement function, that you have the right to withdraw or order the removal
consider it as under Section 13(b) that is permitted under or the destruction of your personal data from the filing
existing laws and regulations. Here, NBI was statutorily system if it is discovered that it was unlawfully obtained
mandated to investigate crimes. or the data is outdated or the data is false.

Thus, you can look at it as an excluded act under Right to damages

regulatory or law enforcement function; or you can look You have the right to be indemnified. The data subject
at it as under Section 13(b) as an exception. can ask for damages for any violation of the rights or for
any inaccuracies in completeness or unlawful and
unauthorized use of their personal information.
PRIVILEGE INFORMATION

Right to Data Portability

In handling this kind of information, we apply the rules in This only means that you have the right to obtain that
evidence. data and you have the right to access that for further use.
That is why your cellular number, you can bring that with
you, when you create an account because that is part and
RIGHTS OF DATA SUBJECT
parcel of portability of data.

RIGHTS OF DATA SUBJECT Can a company subject these rights to conditions; like
1. Right to be informed imposing a fee?
2. Right to object In the same example given about a former employee’s
3. Right to access right to access his records in his previous company after 7
4. Right to rectification years, NPC said that this right to access is subject to
5. Right to Erasure or Blocking reasonable condition.
6. Right to Damages
7. Right to Data portability The employer may hold the information for 201 files for
just 3 years because in labor, money claims prescribe in 3
Right to be informed years. Beyond that, the employer is not required to hold
This falls under the requirement of transparency. You the 201 file. If beyond that period, the employer refuses
have to inform the data subject what is the extent of access because it no longer has the information
data, the method, and even the purpose of the requested, that is permitted.
processing.
Also in situations where you are asked for a processing
Right to object fee, only to the extent reasonably necessary to perform
This refers to the right of the data subject to disallow the services requested by the data subject. A reasonable
processing. In the context of other instances where the processing fee can be assessed according to NPC.

DAMAGES
Other duties of a Personal Information Controller include
the appointment of a Data Protection Officer. He/She
INTRODUCTORY CONCEPTS
must put in security measures such as: organizational
security; physical security of the data, and; the technical
DAMAGES, DEFINED
security of the data; and put in rules for data breach
notification.
2009 BAR EXAM
THREE KINDS OF DATA BREACHES
Rodolfo, married to Sharon, had an illicit affair with his
1. Availability breach - If the data is lost or
secretary, Nanette, a 19 year old girl, and begot a baby
destroyed that is considered. girl, Rona. Nanette sued Rodolfo for actual damages for
2. Confidentiality Breach - If the data was hospital and other medical expenses in delivering the
disclosed without authority. child by caesarean section; moral damages claiming
3. Integrity breach - If the data is altered. that Rodolfo promised to marry her representing that
he was single when, in fact, he was not; and exemplary
DEFENSE OF PIC damages to teach a lesson to like-minded Lotharios.
If you are a PIC, you can only ward off liability if you are
(a) If you were the judge, would you award all the
able to show that you have exercised due diligence. How claims of Nanette? Explain. (3%)
exactly do you show that you observed due diligence?
You have to show that you have appointed a Data
Protection Officer, and you show the observance of 2013 BAR EXAM
three data privacy principles. You also have to state that A collision occurred at an intersection involving a
you have put in place measures addressing organizational bicycle and a taxicab. Both the bicycle rider (a
security physical security, technical security. businessman then doing his morning exercise) and the
taxi driver claimed that the other was at fault. Based
Example: When security guards ask you to write your on the police report, the bicycle crossed the
intersection first but the taxicab, crossing at a fast clip
name and address in their logbook for contract tracing,
from the bicycle's left, could not brake in time and hit
the data asked from you is considered Personal the bicycle's rear wheel, toppling it and throwing the
Information but that is permitted based on the conditions bicycle rider into the sidewalk 5 meters away.
stated in Sec. 12. But it is not enough that you are able to
lawfully process as it is equally important that you put in The bicycle rider suffered a fractured right knee,
measures to protect and guard against breaches. The sustained when he fell on his right side on the concrete
sidewalk. He was hospitalized and was subsequently
requirement or the proof of diligence is that you’re able to
operated on, rendering him immobile for 3 weeks and
put in security measures addressing organizational
requiring physical rehabilitation for another 3 months.
security, physical security and technical security. In his complaint for damages, the rider prayed for the
award of P1,000,000 actual damages, P200,000 moral
Aside from appointing a data protection officer, you are damages, P200,000 exemplary damages, P100,000
required to conduct a privacy risk or impact nominal damages and P50,000 attorney's fees.
assessment. You have to show the structure of your
Assuming the police report to be correct and as the
organization in order to properly assess the risk and then
lawyer for the bicycle rider, what evidence
consider the impact and what will be done in the event of (documentary and testimonial) and legal arguments
a breach. As part of the contents of a privacy impact will you present in court to justify the damages that
assessment, you will have to describe your system, you your client claims? (8%)
need to have a threshold analysis, stakeholders
engagement, and then your personal information
Introduction:
controller should have personal data flow -- from
It is important in the study of damages, that we must
collection to storage to usage to retention to disclosure
understand the nature of the several kinds of damages. It
and sharing and ultimately to disposal and destruction.
is a question of what damages can co-exist and what
forms of damages cannot co-exist.
What will you do in the event of data breach?
There should be a well-outlined organizational security,
It is also important to know what are the respective
physical security, and technical security measures in a
requirements for each of the damages that you are
document known as privacy impact assessment. Note that
claiming. We must know the character, nature and scope
we are not without guidance, because we can always refer
of each form of damages.
to the NPC Privacy Toolkit.

In order that a plaintiff may maintain an action for the TN: For there to be a valid claim for damages, it must be
injuries of which he complains, he must establish that that there is damage plus a violation of legal duty or
such injuries resulted from a breach of duty which the breach of a legal right. If that were the case, then it will
defendant owed to the plaintiff - a concurrence of injury result in damages. Otherwise, if it is just plain damage, it
to the plaintiff and legal responsibility by the person may not necessarily and automatically give rise to
causing it. The underlying basis for the award of tort damages. When you ask for damages, be able to pinpoint
damages is the premise that an individual was injured in not just the loss, the hurt, the inconvenience or harm but
contemplation of law. Thus, there must first be the breach must be able to couple that damage with the violation of a
of some duty and the imposition of liability for that breach legal duty so that you will be able to be entitled with
before damages may be awarded; it is not sufficient to damages.
state that there should be tort liability merely because the
plaintiff suffered some pain and suffering.
KINDS OF DAMAGES RECOVERABLE
Art. 2197, NCC
DAMAGES DISTINGUISHED FROM

ARTICLE 2197. Damages may be:

In legal contemplation, the term “damages” is the sum of
1. Actual or compensatory;
money which the law awards or imposes as pecuniary 2. Moral;
compensation, recompense, or satisfaction for an injury 3. Nominal;
done. 4. Temperate or moderate;
5. Liquidated; or
DAMAGE 6. Exemplary or corrective.
It is not the same with injury. It is the loss, hurt or harm
which results from the injury.
ACTUAL OR COMPENSATORY
INJURY
Injury is the illegal invasion of a legal right; damage is the DEFINITION
loss, hurt or harm which results from the injury; and Art. 2199-2200, NCC
damages are the recompense or compensation awarded
for the damage suffered.
ARTICLE 2199. Except as provided by law or by
Thus, there can be damage without injury in those stipulation, one is entitled to an adequate
compensation only for such pecuniary loss suffered
instances in which the loss or harm was not the results of
by him as he has duly proved. Such compensation is
a violation of a legal duty. In such cases, the referred to as actual or compensatory damages.
consequences must be borne by the injured person alone,
the law affords no remedy for damages resulting from an ARTICLE 2200. Indemnification for damages shall
act which does not amount to a legal injury or wrong. comprehend not only the value of the loss suffered, but
These situations are often called damnum absque injuria. also that of the profits which the obligee failed to
obtain.
In other words, in order that the plaintiff may maintain an
action for the injuries of which he complaints, he must Oarde et al v. CA (1997)
establish that such injuries resulted from a breach of duty A party is entitled to adequate compensation only for duly
which the defendant owed to the plaintiff a concurrence of proved pecuniary loss actually suffered by him or her.
injury to the plaintiff and legal responsibility by the Such damages, to be recoverable, must not only be
person causing it. capable of proof, but must actually be proved with a

People v. Jugueta (2016).

David v. CA (1998)
It is an en banc ruling of the supreme court on April 5,
Only expenses supported by receipts and which appear to
2016. Here the SC had painstakingly laid out the actual
have been actually expended in connection with the death
damages in almost all forms of crimes. Here, SC had
of the victim should be allowed. The award of actual
taken pains to detail for us what would be the indemnity
damages cannot be based on the allegation of a witness
for the fact of death. What could be and how could one
without any tangible document to support such claim.
determine the test of loss of earning capacity.

People v. Bano (2004)

LOSS OF EARNING CAPACITY FOR PERSONAL
A list of expenses cannot replace receipts when the latter
INJURY: Formula in Determining Loss of Earning
should have been issued as a matter of course in business
Capacity [⅔ x (80-ATD) x (GAI)]
transactions.
Net Earning Capacity= life expectancy x (gross annual
income – living expenses)
COMPONENTS OF ACTUAL DAMAGES
Life expectancy in the Philippines is at 80 years old
Components:
[⅔ (80 minus age at the time of death)] x [gross
1. The loss of what a person already possesses annual income minus 50% of gross annual income]
(value of the loss suffered)
2. Failure to receive as benefit that which would Example:
have pertained to him (profits that the obligee = [⅔ (80-29)] x [103,260 – 51, 630]
failed to obtain) = Php 1,755,4200.00

In the latter instance, the familiar rule is that damages As for lost earnings, the rule is that the amount
consisting of unrealized profits are not to be granted on recoverable by the heirs of a victim of a tort is not the
the basis of mere speculation, conjecture, or surmise, but loss of the entire earnings, but rather the loss of that
rather by reference to some reasonably definite standard portion of the earnings which the beneficiary would have
such as market value, established experience, or direct received. Hence, only net earnings, not gross earnings,
inference from known circumstances. are to be considered, that is, the total of the earnings less
expenses necessary in the creation of such earnings or
Elements for the Award of Actual Damages: income and minus living and other incidental expenses.
1. Adequate – full compensation
2. Pecuniary loss – monetary loss Loss of earning capacity
3. Duly proved – with receipts The way to compute is to first consider what is the
amount earned by the person and deduct from there his
When you ask for actual damages, what you are living expenses. If you are unable to determine his living
outrightly telling the court is that you have suffered expenses, the law has ascribed the amount for living
monetary loss. expenses which is 50% of the gross earnings and from
there determine the loss of earning capacity.
Also, the pecuniary loss has to be duly proved. Whenever
you have to ask for actual damages, there are two things Other factors to be considered in computing for the loss of
you have to be clear about: the earning other than the mathematical computation:
1. Loss being suffered is monetary or pecuniary loss 1. Nature of work of the victim;
and 2. His lifestyle;
2. Because it is monetary, you should be able to 3. Age;
prove the extent of pecuniary loss (right down to 4. State of health prior to his death;
the last centavo). 5. Rate of loss sustained by by the heirs of the
victim

Phil Hawk Corp vs Vivian Tan Lee (2010)

Whereas:
Respondent was ran over by a bus owned by petitioner
Gross annual income
which resulted to her physical injuries and the death of
= amount earned per month x 12
her husband. During the trial, the respondent testified
that her husband was leasing and operating a Caltex
Living expenses
gasoline station and a copra business thus the award of
= gross annual income x .50
the court for damages on loss of earning capacity.

SOLUTION:
The award was proper. In the computation of loss of
= life expectancy x [gross annual income – living
earning capacity, only net earnings, not gross earnings,
expenses]
are to be considered; that is, the total of the earnings less
= [2/3 (80-29) ] x [P103,260.00 – P51,630.00]
expenses necessary for the creation of such earnings or
= 34 x P51,630.00
income, less living and other incidental expenses.
= P1,755,420.00

In the absence of documentary evidence, it is reasonable

to peg necessary expenses for the lease and operation of INTERESTS
the gasoline station at 80 percent of the gross income,
ARTICLE 2209. If the obligation consists in the
and peg living expenses at 50 percent of the net income
payment of a sum of money, and the debtor incurs in
(gross income less necessary expenses). 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,

Nacar vs Gallery Frames (2013)

Eastern Shipping Lines, Inc. vs CA (1994)
When an obligation, regardless of its source (law,
With regard particularly to an award of interest in the
contracts, quasi-contracts, delicts or quasi-delicts) is
concept of actual and compensatory damages, the rate of
breached, the contravenor can be held liable for damages.
interest, as well as the accrual thereof, is imposed, as
follows:
With regard particularly to an award of interest in the
1. When the obligation is breached, and it consists
concept of actual and compensatory damages, the rate of
in the payment of a sum of money (a loan or
interest as well as the accrual thereof is imposed as
forbearance of money), the interest due should
follows:
be that which may have been stipulated in
1. When the obligation is breached and it consists in
writing. Furthermore, the interest due shall itself
the payment of a sum of money (loan or
earn legal interest from the time it is judicially
forbearance):
demanded.
a. The interest due should be that which
2. When an obligation, not constituting a loan
may have been stipulated in writing.
or forbearance of money, is breached, an
b. Further, the interest due shall earn legal
interest on the amount of damages awarded may
interest from the time it is judicially
be imposed at the discretion of the court at the
demanded.
rate of 6% per annum. No interest, however,
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c. In the absence of stipulation, the rate of parties, and should be applied until full payment of
interest shall be 6% per annum to be the obligation. The legal interest only applies in the
computed from the default (judicial or absence of stipulated interest.
extrajudicial demand) subject to the
provisions of Article 1169 of the Civil Furthermore, the contracting parties may establish such
Code. stipulations as they may deem convenient, provided they
2. When an obligation, not constituting loan or are not contrary to law, morals, good customs, public
forbearance of money, is breached: order, or public policy, and the parties are bound to fulfil
a. Interest on the amount of damages what has been expressly stipulated. Thus, unless the
awarded may be imposed at the stipulated interest is excessive and unconscionable, there
discretion of the court at the rate of 6% is no legal basis for the reduction of the stipulated interest
per annum. at any time until full payment of the principal amount.
b. No interest shall be adjudged on
unliquidated claims or damages except CLASS DISCUSSION: Very simply, you look at the
when or until the demand can be dispositive portion. In the dispositive portion of Lara’s
established with reasonable certainty. Gifts’ case, there was an agreement as to interest and
c. Where the demand is established with this was at 24% per annum. SC did in this case, because
reasonable certainty, the interest shall there was a stipulated interest rate at 24%pa, it is what is
begin to run from the time the claim is imposed from the time the obligation was judicially
made judicially or extrajudicially, demanded in January 22, 2008 until full payment. SC did
d. If certainty cannot be so reasonably not change the interest rate to 6% from the time the
established at the time the demand is judgment has attained finality. Because there was a
made, the interest shall begin to run stipulated interest, SC held that that stipulated interest is
only from the date the judgment of the what will be imposed from the time of extrajudicial
court is made (at which time the demand until the obligation is fully paid.
quantification of damages may be
deemed to have been reasonably ATTORNEY’S FEES
ascertained).
ARTICLE 2208. In the absence of stipulation,
e. The actual base for computation of legal
attorney's fees and expenses of litigation, other than
interest shall, in any case, be on the judicial costs, cannot be recovered, except:
amount finally adjudged. 1. When exemplary damages are awarded;
3. When the judgment of the court awarding 2. When the defendant's act or omission has
the sum of money becomes final and compelled the plaintiff to litigate with third
executory: persons or to incur expenses to protect his
interest;
a. The legal interest, whether the case fails
3. In criminal cases of malicious prosecution
under paragraph 1 or 2 above, shall be
against the plaintiff;
6% per annum from such finality until 4. In case of a clearly unfounded civil action or
its satisfaction, this interim period being proceeding against the plaintiff;
deemed to be by then an equivalent to 5. Where the defendant acted in gross and
a forbearance credit. evident bad faith in refusing to satisfy the
4. Judgments that have become final and executory plaintiff's plainly valid, just and demandable
claim;
prior to July 1, 2013, shall not be distributed
6. In actions for legal support;
and shall continue to be implemented applying 7. In actions for the recovery of wages of
the rate of interest fixed therein. household helpers, laborers and skilled
workers;
Lara’s Gifts & Decors vs Midtown Industrial Sales 8. In actions for indemnity under workmen's
(2019) compensation and employer's liability laws;
SC ruled that BSP Circular No. 799 will apply only in the 9. In a separate civil action to recover civil
liability arising from a crime;
absence of a stipulated interest. When the obligation is
10. When at least double judicial costs are
breached, and there is an existing agreement, you will awarded;
not actually use the legal rate of interest that was 11. In any other case where the court deems it
prescribed by BSP. just and equitable that attorney's fees and
expenses of litigation should be recovered.
If the rate of interest is stipulated, such stipulated interest
In all cases, the attorney's fees and expenses of
shall apply and not the legal interest, provided the
litigation must be reasonable.
stipulated interest is not excessive and unconscionable.
The stipulated interest is the law between the

Two types of Attorney’s Fees TN: The rule really is that the award of attorney’s fees is
1. Concept of the payment for the services of the that it has to be found both in the text of the decision in
lawyer order for it to be supported as well as in the dispositive
2. Considered an item or component of damages. portion so that it can be enforced. They must be clearly
explained and justified by the trial court in the body of its
You see when a case is filed against you, you will incur decision for the general rule is that attorney’s fees and
expenses by way of litigation. So the question now is, if a expenses of litigation cannot be recovered in the absence
person seeks for adequate compensation, it should be the of stipulation.
case that even for litigation or Attorney’s Fees you should
be paid. Policarpio v. CA (1991)
The reason for the award of attorney’s fees must be
But the law provides there there should be no premium stated in the text of the court’s decision, otherwise, if it is
that should be placed on one’s right to litigate. Actually stated only in the dispositive portion of the decision, the
the intention of the law is to encourage the parties to go same shall be disallowed on appeal. If the award of
to settle their disputes before and with the aid of the attorney’s fees is not in the text of the decision, it is
court rather than put the law into their own hands. And unsupported. We know in our discussion in Civil Procedure
so, the moment you invoke the aid of courts, you should that the only part of the judgment that may be enforced
not be penalized for filing a case and invoking the aid of is the dispositive portion. And so, even if it is in the text
courts. of the court’s decision, beautifully worded by the court –
the reason for the award, if it is not found in the
The general rule is that attorney’s fees cannot be dispositive portion, it is still not capable of being enforced.
recovered as part of damages because of the policy that
no premium should be placed on the right to litigate. TN: When it comes to actual damages, what you should
keep in mind is “money” because it is meant to be an
The power of the Court to award attorney’s fees under adequate compensation for pecuniary loss. And the nature
Article 2208 of the Civil Code demands factual, legal, and of pecuniary loss is, it is capable of being proven and
equitable justification. There must be sufficient showing of established down to the last centavo. It is not pecuniary
bad faith in the parties’ persistence of a court other than loss if it is not proven down to the last centavo. Which is
an erroneous conviction of the righteousness of his cause. why because the purpose of the law is to adequately
compensate you for the monetary loss you have suffered,
Certain standards to grant the award of attorney’s the court is very exacting in requiring that before you can
fees: be granted actual damages, you must be able to prove
1. They must be reasonable - they must have a your pecuniary loss with exactitude. Because the nature
bearing on the importance of the subject matter of the loss being addressed by actual damages is that the
in controversy; loss is capable of being proven with exactitude.
2. The extent of the services rendered;
3. The professional standing of the lawyer Quirante vs IAC (1989)
An attorney's fee cannot be determined until after the
Attorney’s Fees as an item of damages main litigation has been decided and the subject of
The attorney’s fees that is mentioned here is really an recovery is at the disposition of the court. The issue over
item of expense on the part of the litigant, and because attorney's fee only arises when something has been
what we want is to fully compensate him for all of the recovered from which the fee is to be paid.
expenses that he incurred, then attorney’s fees here, is
an item of damages. And as an item of damages, it will go PNB vs CA (1996)
through the winning litigant, it will not go to the lawyer. The award of attorney's fees lies within the discretion of
the court and depends upon the circumstances of each
Two legal requirements for a valid award for case. However, the discretion of the court to award
attorney’s fees attorney's fees under Article 2208 of the Civil Code
1. The court must indicate it in the text of the demands factual, legal and equitable justification, without
decision. Otherwise if it is not in the text, it which the award is a conclusion without a premise and
means to say that the award for damages is improperly left to speculation and conjecture. It becomes
unsupported a violation of the proscription against the imposition of a
penalty on the right to litigate.

As to the award of attorney's fees being an exception TN: When it comes to the case of contracts and
rather than the rule, it is necessary for the court to make quasi-contracts, you have to be able to distinguish if the
findings of fact and law that would bring the case within breach was done in good faith or in bad faith for us to
exception and justify the grant of the award. know what is the fullest or the adequate compensation
that can be given.
Padillo vs CA
With respect to attorney's fees, the award thereof is the If it is done in good faith, then you are liable for the
exception rather than the general rule; counsel's fees are natural and probable consequences or that which have
not awarded every time a party prevails in a suit because been reasonably foreseen at the time of the constitution
of the policy that no premium should be placed on the of the obligation. But if it was done in bad faith, you are
right to litigate. liable for all the natural and probable consequences even
if not reasonably foreseen at the time of the obligation.
Attorney's fees as part of damages are not the same as
attorney's fees in the concept of the amount paid to a Gen. Enterprises vs Lianga Bay
lawyer. In the ordinary concept, attorney's fees Under Article 2200 of the Civil Code, indemnification for
represent the reasonable compensation paid to a lawyer damages comprehends not only the value of the loss
by his client for the legal services he has rendered to the suffered but also that of the profits which the creditor fails
latter, while in its extraordinary concept, they may be to obtain.
awarded by the court as indemnity for damages to be
paid by the losing party to the prevailing party. In other words, lucrum cessans is also a basis for
indemnification. The question that arises then is: Has
Estores vs Sps Supangan (2012) appellee failed to make profits because of appellant's
An award of attorney’s fees is warranted when a party is breach of contract, and in the affirmative, is there here
forced to litigate in order to protect its interests. The basis for determining with reasonable certainty such
amount, in all cases, should always be reasonable. unearned profits?

IN CRIMES AND QUASI-DELICTS

EXTENT OF RECOVERABLE DAMAGES
ARTICLE 2202. In crimes and quasi-delicts, the
defendant shall be liable for all damages which are
IN CONTRACTS & QUASI-CONTRACTS WHERE THERE the natural and probable consequences of the act or
IS GOOD FAITH ON OBLIGOR omission complained of. It is not necessary that such
damages have been foreseen or could have reasonably
ARTICLE 2201. In contracts and quasi-contracts, the been foreseen by the defendant..
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, AWARD IN CRIME OR QUASI-DELICT
and which the parties have foreseen or could have It is different if it is in the case of crime or quasi-delict.
reasonably foreseen at the time the obligation was There is no more determination of good faith or bad faith.
constituted.
The only test is “Would the damages be the natural
In case of fraud, bad faith, malice or wanton and probable consequence of the act or omission?”
attitude, the obligor shall be responsible for all If the answer is yes then the other party is liable for that
damages which may be reasonably attributed to the even if he may not have reasonably foreseen such
non-performance of the obligation. damages.

In contracts and quasi contracts, the damages which may In crimes and quasi delicts, the defendants shall be liable
be awarded are dependent on whether the obligor acted for all damages which are the natural and probable
with good faith or otherwise. consequences of the act or omission complained of,
whether or not such damages have been foreseen or
AWARD IN CONTRACTS & QUASI CONTRACTS could have been reasonably foreseen by the defendant.
If there is good faith: Liable to natural and probable
consequences of the breach AND foreseen or reasonably The civil liability ex delicto provided by the Revised Penal
foreseen at time obligation was instituted. · Code, that is restitution, reparation and indemnification,
all correspond to actual or compensatory damages in the
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Civil Code. But the expenses allegedly incurred, the Court
disability not caused by the defendant, had no
can only give credence to those supported by receipt and
earning capacity at the time of his death;
which appear to have been genuinely incurred in
connection with the death, wake or burial of the victim.
2. If the deceased was obliged to give support
according to the provisions of article 291, the
Example: You punch a person in the stomach, causing her
recipient who is not an heir called to the
to have a miscarriage. Here you are liable for the natural
decedent's inheritance by the law of testate or
and probable consequence of that even if you could not
intestate succession, may demand support
have reasonably foreseen but by the simple act of
from the person causing the death, for a
punching her, she will suffer from miscarriage.
period not exceeding five years, the exact
duration to be fixed by the court;
Again, it is different for contacts or quasi-contacts
because you will determine the presence of good faith or
3. The spouse, legitimate and illegitimate
bad faith so that liability will attend for only those that
descendants and ascendants of the deceased
can be reasonably foreseen if breach was in good faith.
may demand moral damages for mental
But if it is crime or quasi-delict the only question you will
anguish by reason of the death of the
ask is “Is that the natural and probable consequence of
deceased.
the act or omission complained of.

Marikina Auto Line Transport Corporation vs

MITIGATION & ASSESSMENT OF ACTUAL
People, et al. (2008)
DAMAGES
A bus driver was charged with reckless imprudence
Art. 2203, NCC
resulting in damage to property of private respondent’s
Art. 2214-2215, NCC
commercial apartment. Respondent prayed for actual
damages for the damage to the property.

Respondent was not able to prove the award for actual ARTICLE 2203. The party suffering loss or injury must
damages. The burden of proof is on the party who would exercise the diligence of a good father of a family to
be defeated if no evidence would be presented on either minimize the damages resulting from the act or
side. omission in question.

The burden is to establish one's case by a preponderance ARTICLE 2214. In quasi-delicts, the contributory
of evidence. An estimate of the damage cost will NOT negligence of the plaintiff shall reduce the damages
suffice. Actual damages are NOT presumed. The claimant that he may recover.
must prove the actual amount of loss with a reasonable
degree of certainty premised upon competent proof and ARTICLE 2215. In contracts, quasi-contracts, and
on the best evidence obtainable. Actual damages CANNOT quasi-delicts, the court may equitably mitigate the
be anchored on mere surmises, speculations or damages under circumstances other than the case
conjectures. referred to in the preceding article, as in the following
instances:
Where goods are destroyed by the wrongful act of a. That the plaintiff himself has contravened the
defendant, the plaintiff is entitled to their value at the terms of the contract;
time of the destruction. b. That the plaintiff has derived some benefit as
a result of the contract;
IN CRIMES & QUASI-DELICTS RESULTING IN DEATH c. In cases where exemplary damages are to be
awarded, that the defendant acted upon the
ARTICLE 2206. The amount of damages for death advice of counsel;That the loss would have
caused by a crime or quasi-delict shall be at least three resulted in any event;
thousand pesos, even though there may have been
mitigating circumstances. In addition: That since the filing of the action, the defendant has
done his best to lessen the plaintiff's loss or injury.
1. The defendant shall be liable for the loss of the
earning capacity of the deceased, and the
indemnity shall be paid to the heirs of the
latter; such indemnity shall in every case be
assessed and awarded by the court, unless the
deceased on account of permanent physical

Requirement of proving moral damages

If actual damages require receipts, it is because you need
ARTICLE 2207. If the plaintiff's property has been
to prove with exactitude. In moral damages it is different.
insured, and he has received indemnity from the
insurance company for the injury or loss arising out of The requirement of the law is not proof of exactitude as to
the wrong or breach of contract complained of, the the extent of the loss. If you require moral damages to
insurance company shall be subrogated to the rights of the tune of 10 million, you do not itemize why you require
the insured against the wrongdoer or the person who 10 million. Unlike in the case of actual damages wherein
has violated the contract. If the amount paid by the you ask 2 million, you should be able to substantiate
insurance company does not fully cover the injury or pecuniary losses. Because moral damages are incapable
loss, the aggrieved party shall be entitled to recover
of pecuniary estimation, the only requirement is proof as
the deficiency from the person
to the proximate result of the defendant’s wrongful act or
omission.
RCJ Bus Lines vs Standard Insurance Co. (2011)
Subrogation is the substitution of one person by another Moral v. Actual Damages
with reference to a lawful claim or right, so that he who
substitutes another succeeds to the rights of the other in Moral Damages Actual Damages
relation to a debt or claim, including its remedies or
As to It is not capable of Monetary loss –
securities. The principle covers a situation wherein an
Nature pecuniary capable of being
insurer who has paid a loss under an insurance policy is estimation proven with
entitled to all the rights and remedies belonging to the exactitude
insured against a third party with respect to any loss
covered by the policy. As to The purpose is not The purpose is to
Purpose adequate, fully compensate
monetary, or you for the
MORAL DAMAGES pecuniary monetary loss that
compensation. The you have suffered.
DEFINITION loss or damage
Art. 2217, NCC suffered is mental
anguish, etc.

The purpose of the

ARTICLE 2217. Moral damages include physical law is to give you
suffering, mental anguish, fright, serious anxiety, the amount to
besmirched reputation, wounded feelings, moral shock, provide you some
social humiliation, and similar injury. Though incapable form of spiritual
of pecuniary computation, moral damages may be wherewithal.
recovered if they are the proximate result of the
defendant's wrongful act or omission.
PURPOSE
What are the forms of loss, damage, or harm being
addressed by moral damages?
Simex International vs CA (1990)
Physical suffering, mental anguish, fright, serious anxiety,
Moral damages are not awarded to penalize the defendant
besmirched reputation, wounded feelings, moral shock,
but to compensate the plaintiff for the injuries he may
social humiliation, and other similar injury.
have suffered. It bears repeating that the record does not
contain any satisfactory explanation of why the error was
The common denominator to these forms of damage,
made in the first place and why it was not corrected
harms, or loss, is that they are not capable of being
immediately after its discovery. Such ineptness comes
quantified with exactitude. Because they are incapable of
under the concept of the wanton manner contemplated in
pecuniary estimation, it also has different requirements in
the Civil Code that calls for the imposition of moral and
proving moral damages.
exemplary damages.

Moral damages are awarded to compensate one for

Makabali vs CA (1988)
manifold injuries (physical suffering, mental anguish,
Moral damages are awarded to enable the injured party to
fright, serious anxiety, besmirched reputation, wounded
obtain means, diversions, or amusements that will serve
feelings, moral shock, social humiliation). These damages
to alleviate the moral suffering he/she has undergone, by
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reason of the defendant's culpable action. Its award is Court deems just, without the need for pleading or proof
aimed at restoration, as much as possible, of the spiritual of the basis thereof.
status quo ante.
Also, the unlawful killing of a person, which may either be
How moral damages are gauged murder or homicide, entitles the heirs of the deceased to
Although incapable of pecuniary estimation, the amount moral damages wihtout need of independent proof other
must somehow be proportional to and in approximation of than the fact of death of the victim.
the suffering inflicted. There is no hard-and-fast rule in
determining what would be fair and reasonable amount of Guilatco vs City of Dagupan (1889)
moral damages, since each case must be governed by its While proof is necessary, proof of actual loss is not. While
own peculiar facts. Trial courts are given discretion in actual damages cannot be awarded without proof of
determining the amount, with the limitation that it should actual loss, moral damages may be awarded even without
not be palpably and scandalously excessive. proof of pecuniary loss, inasmuch as the determination of
the amount is discretionary in the court. Though incapable
of pecuniary estimation, moral damages are in the nature
BURDEN OF PROOF; QUANTUM OF EVIDENCE
of an award to compensate the claimant for actual injury
suffered but which for some reason can not be proven.
Since the law presumes good faith, the person claiming
moral damage must prove bad faith or ill motive by clear PNB vs CA (1998)
and convincing evidence. Bad faith is a matter of fact that While no proof of pecuniary loss is necessary in order that
needs to be proved by the party alleging it. moral damages may be awarded, the amount of
indemnity being left to the discretion of the court, it is
In the case of moral damages, recovery is more an nevertheless essential that the claimant satisfactorily
exception rather than the rule. In order that an award of proves the existence of the factual basis of the damages
moral damages can be aptly justified, the claimant must and its causal relation to defendant's acts. Moral
be able to satisfactorily prove that he has suffered such damages, in other words, are not corrective or exemplary
damages and that the injury causing it has sprung from damage
any of the cases listed in Article 2219 and 2220 of the
Civil Code. Then too, the damages must be shown to be For moral damages to be awarded, the law requires a
the proximate result of a wrongful act or omission. wrongful act or omission attributable to petitioner as the
proximate cause of the mental anguish suffered by the
The claimant must establish the factual basis of the private respondent spouses. The adverse result of an
damages and its causal tie with the acts of the defendant. action does not per se make the act wrongful and subject
In fine, an award of moral damages would require: the actor to the payment of moral damages.
1. Evidence of besmirched reputation or physical,
mental or psychological suffering sustained by Raagas vs Raya
the claimant; Although an allegation is not necessary in order that
2. Culpable act or omission factually established; moral damages may be awarded, "it is, nevertheless,
3. Proof that the wrongful act or omission of the essential that the claimant satisfactorily prove the
defendant is the proximate cause of the damages existence of the factual basis of the damage and its causal
sustained by the claimant; relation to defendant's acts."
4. That the case is predicated on any of the
instances expressed or envisioned by Article
WHEN AWARDABLE; WHEN NOT
2219 or 2220 of the Civil Code.
Art. 2218 - 2220, NCC
Art. 309, NCC
Requirements for the grant of moral damages
Art. 217, Labor Code
The rule is settled that moral damages cannot be awarded
in the absence of a wrongful act or omission or fraud or
bad faith.
ARTICLE 2218. In the adjudication of moral damages,
the sentimental value of property, real or personal,
San Miguel Brewery, Inc. vs Magno
may be considered.
In order that moral damages may be awarded, there must
be a pleading and proof of moral suffering, mental
ARTICLE 2219. Moral damages may be recovered in
anguish, fright and the like.
the following and analogous cases:
1. A criminal offense resulting in physical
The exception is in the case of rape. Moral damages may
injuries;
be awarded to the rape victim in such amount as the

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The parents of the female seduced, abducted, raped, or
2. Quasi-delicts causing physical injuries;
abused, referred to in No. 3 of this article, may also
3. Seduction, abduction, rape, or other lascivious
recover moral damages.
acts;
4. Adultery or concubinage;
QUASI DELICT
5. Illegal or arbitrary detention or arrest;
Moral damage may be awarded provided that the act or
6. Illegal search;
omission caused physical injuries. There can be no
7. Libel, slander or any other form of
recovery of moral damages unless the quasi-delict
defamation;
resulted in physical injury.
8. Malicious prosecution;
9. Acts mentioned in article 309;
DEFAMATION
10. Acts and actions referred to in articles 21, 26,
Defamation, which includes libel and slander, means the
27, 28, 29, 30, 32, 34, and 35.
offense of injuring a person’s character, fame or
reputation through false and malicious statements. It is
The parents of the female seduced, abducted, raped, or
that which tends to injure reputation or to diminish the
abused, referred to in No. 3 of this article, may also
esteem, respect, goodwill or confidence of the plaintiff or
recover moral damages.
to excite derogatory feelings or opinions about the
plaintiff.
The spouse, descendants, ascendants, and brothers
and sisters may bring the action mentioned in No. 9 of
In libel, the definition according to Art. 353 of the RPC, it
this article, in the order named.
says you commit libel against a person – natural,
juridical, or even dead. It follows that corporations or
ARTICLE 2220. Willful injury to property may be a
artificial persons can ask for moral damages if it is under
legal ground for awarding moral damages if the court
the context of libel, slander, or other forms of
should find that, under the circumstances, such
defamations.
damages are justly due. The same rule applies to
breaches of contract where the defendant acted
Any imputations covered by Article 353 of the RPC is
fraudulently or in bad faith.
defamatory and under the general rule laid down in Article
354, every defamatory imputation is presumed to be
ARTICLE 309. Any person who shows disrespect to
malicious, even if it be true, if no good intention and
the dead, or wrongfully interferes with a funeral shall
justifiable motive for making it is shown.
be liable to the family of the deceased for damages,
material and moral.
Malice is not presumed and must therefor be proved
under the following exceptions:
LABOR CODE: ARTICLE 224. [217] Jurisdiction of
1. Private communication made by any person to
the Labor Arbiters and the Commission. — (a) Except
another in the performance of any legal, moral or
as otherwise provided under this Code, the Labor
social duty;
Arbiters shall have original and exclusive jurisdiction to
2. Fair and true report, made in good faith, without
hear and decide, within thirty (30) calendar days after
any comments or remarks, of any judicial,
the submission of the case by the parties for decision
legislative or other official proceedings which are
without extension, even in the absence of stenographic
not confidential in nature, or of any statement,
notes, the following cases involving all workers,
report or speech delivered in said proceedings, or
whether agricultural or non-agricultural:
of any other act performed by public officers in
the exercise of their functions.
(4) Claims for actual, moral, exemplary and other
forms of damages arising from the employer-employee
The privilege character of these communications is not
relations;
absolute, but merely qualified since they could still be
shown to be malicious by proof of actual malice or malice
The list provided by law is not exclusive because it is in fact. The burden of proof in this regard is on the
stated that moral damages can be recovered in the plaintiff or the prosecution.
following cases as well as analogous cases.
Tulfo vs People (2008)
SEDUCTION, ABDUCTION, RAPE, ACTS OF Petitioner was charged with the crime of libel causing
LASCIVIOUSNESS injury to the reputation of private respondent. In the
The seduction contemplated is the crime punished in news article of petitioner, he indicated private respondent
Article 337 and 338 of the Revised Penal Code. as an extortionist, a corrupt public official, smuggler and

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Page 65
having acquired his wealth illegally. Court awarded moral and that the action was finally terminated with
damages. an acquittal;
2. That in bringing the action, the prosecution acted
Moral damages may be recovered in cases of libel, without probable cause;
slander, or any other form of defamation. Moral damages 3. The prosecutor was actuated or impelled by legal
can be awarded even in the absence of actual or malice.
compensatory damages. The fact that no actual or
compensatory damage was proven before the trial court Yasona vs De Ramos (2004)
does not adversely affect the offended party’s right to The case involved a deed of sale executed by petitioner in
recover moral damages. favor of the respondent as payment for the former’s loan
with PNB. However, it took petitioner 22 years after the
Doctrine of Fair Comment execution of such deed to file a case for estafa against the
This presupposes that the publication is based on respondents on the alleged grounds of deceit over the
established facts. If the comments were an expression of deed executed.
opinion based on established facts, it is immaterial that
the opinion happens to be mistaken, as long as it might To constitute "malicious prosecution," there must be proof
reasonably be inferred from the facts. However, where that the prosecution was prompted by a sinister design to
the comments were not backed up by facts, the vex or humiliate a person, and that it was initiated
broadcasts are not privileged and remain libelous per se. deliberately by the defendant knowing that his charges
were false and groundless. Concededly, the mere act of
The law against defamation protects one’s interest in submitting a case to the authorities for prosecution does
acquiring, retaining and enjoying a reputation “as good as not make one liable for malicious prosecution.
one’s character and conduct warrant’ in the community.
Clearly then, it is the community, not personal standards, The Court emphasized that it was only 22 years after that
which shall be taken into account in evaluating any petitioners decided to file the estafa complaint. If they
allegations of libel and any claims for damages on account had honestly believed that they still owned the entire
thereof. property, it would not have taken them 22 years to
question respondent’s ownership of half of the property.
MALICIOUS PROSECUTION
In malicious prosecutions, this comes into play when you Strategic Lawsuit Against Public Participation
file a case without any basis. The mere fact that a case (SLAPP)
was filed does not necessarily mean that there was This contemplates a person – natural or juridical, who
malicious prosecution. There should be no premium on asks a government. agency, local government, or official
one’s right to litigate. Neither does the mere dismissal by to enforce an environmental law. And after asking to
the fiscal of the criminal complaint a ground to award enforce the environmental law, the government official
damages for malicious prosecution. There has to be bad files a case against him.
faith in filing the case.
In that case filed by the government. official filed against
This is an action for damages brought by one against the person who asked to enforce an environmental law,
whom a criminal prosecution, civil suit, or other legal that person can actually make a claim and say that the
proceeding has been instituted maliciously and without case against him is a case of malicious prosecution. It is a
probable case after the termination of such prosecution strategic lawsuit directed in order to prevent or deter him
suit or other proceeding in favor of the defendant therein. from public participation. And when that person claims
The gist of the action is the putting of legal process in that this one’s a SLAPP, the court is duty-bound to
force, regularly, for the mere purpose of vexation or conduct a hearing if the case is filed by the local govt.
injury. official is simply meant to harass, vex, or put undue
pressure, upon that person who simply claims for the
Malice is essential to the maintenance of an action for enforcement of the environmental law.
malicious prosecution and not merely to the recovery of
exemplary damages. Malice and want of probable In SLAPP, there are instances that come into play. One
cause must both exist in order to justify the action. instance is a private citizen or a private corporation asks a
local government unit or a government agency or a
Lao vs CA (1991) government. official to enforce an environmental law.
To maintain an action for damages based on malicious
prosecution, three elements must be present: Example: I filed a case against Mayor Labella. And I say
1. The fact of the prosecution and the further fact that he has not enforced and I demand him to enforce the
that the defendant was himself the prosecutor, Clean Air Act in Cebu City. After I made that demand,

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Mayor Labella filed a case against me. He says that my thereof, it is not enough that one merely suffered
case is without basis so he asks for damages against me. sleepless nights, mental anguish or serious anxiety as a
In that case against me, I can make a claim that the case result of the actuations of the other party.
is in fact a strategic lawsuit that is meant to harass, vex,
or put undue pressure on me simply because I asked for Particularly, in culpa contractual or breach of contract,
the enforcement of an environmental law. The court will moral damages are recoverable only if the defendant has
then determine if it is indeed filed to put undue pressure acted fraudulently or in bad faith, or is found guilty of
or stifle my legal course. If found to be so, it will dismiss gross negligence amounting to bad faith, or in wanton
the case filed against me. disregard of his contractual obligations. Verily, the breach
must be wanton, reckless, malicious or in bad faith,
CULPA CONTRACTUAL CASES oppressive or abusive.
The general rule is that damages are not recoverable
except when the presence of bad faith was proven. Guilatco v. City of Dagupan
However, in breach of contract of carriage, moral A victim, while she was about to board a motorized
damages may be recovered when it results in the death of tricycle at the sidewalk of Perez Blvd., she accidentally fell
a passenger. into a manhole, thus causing her right leg to be fractured.
She had difficulty in locomotion and has not been able to
Factors that grant the award of moral damage: report for duty as court interpreter, hence deprived of
1. Defendant acted in bad faith, guilty of gross income. The City of Dagupan was made liable for its
negligence amounting to bad faith; or in wanton failure to exercise control or supervision over a national
disregard of contractual obligations; road in effect binding the city to answer for damages in
2. When the act or breach of contract itself accordance with Article 2189.
constitutes the tort that results in physical
injury; Article 2189 of the Civil Code requires only that either
3. By special rule, in case of death of a passenger control or supervision is exercised over the defective road
resulted from a breach of contract of carriage or street. It is not even necessary for the defective road
or street to belong to (or be owned by) the province, city,
Breach of Contract or municipality for liability to attach. Further, the charter
In breach of contract – Art. 2220, the most important is clearly indicates that the city indeed has supervision and
the second line. Willful injury to property may be a legal control over the sidewalk where the open drainage hole is
ground for awarding moral damages if the court should located.
find that, under the circumstances, such damages are
justly due. The same rule applies to breaches of contract Common Carriers
where the defendant acted fraudulently or in bad faith. With common carriers, the mere fact that the contract of
carriage was breached will not result in moral damages.
When you type your complaint for moral damages and You must be able to allege fraud or bad faith or even
your complaint is in breach of contract, you should have gross negligence amounting to bad faith. In the absence
allegations and proof that the defendant acted with fraud of that, there can be no moral damages in a breach of
or in bad faith. In the absence of showing fraud or bad contract. Exception to this is death is involved. There
faith, that breach of contract will not automatically yield can be award of moral damages in a breach of contract of
moral damages. Moral damages will only be permitted if carriage even if there is no bad faith.
the breach of contract is committed with fraud or bad
faith. Gross negligence can be akin to bad faith in this Lopez vs PanAm
situation. Petitioners who booked first class tickets to San Francisco
were denied of their first class seats and downgraded
Moral damages may be awarded only in case of: them to tourist class. The court awarded moral damages.
1. An accident results in death of a passenger;
2. The carrier is guilty of fraud or bad faith; Moral damages are recoverable in breach of contracts
3. The defendant was guilty of gross negligence, where the defendant acted fraudulently or in bad faith
amounting to bad faith, or in wanton disregard of (Art. 2220, New Civil Code).
contractual obligations
Moral damages, as a proximate result of defendant's
Equitable Banking Corp. vs Calderon (2004) breach in bad faith of its contracts with plaintiff's the
In law, moral damages include physical suffering, mental latter suffered social humiliation, wounded feelings,
anguish, fright, serious anxiety, besmirched reputation, serious anxiety and mental anguish. For plaintiffs were
wounded feelings, moral shock, social humiliation and travelling with first class tickets issued-by defendant and
similar injury. However, to be entitled to the award yet they were given only the tourist class. At stop-overs,

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they were expected to be among the first-class Galang vs CA
passengers by those awaiting to welcome them, only to Plaintiff filed an action for damages against private
be found among the tourist passengers. It may not be respondent for breach of promise to marry her. Court
humiliating to travel as tourist passengers; it is denied the claim. Moral damages for breach of promise to
humiliating to be compelled to travel as such, contrary to marry are not collectible.
what is rightfully to be expected from the contractual
undertaking. International carriers like defendant knows Exception: In cases of seduction and claim for actual
the prestige of such an office. expenses (Ex. you are asking for a refund for the costs
that you have already incurred - wedding preparations,
Savellano et al. vs Northwest Airlines (2003) etc.). Here, you may seek from the court a refund for the
Petitioners were passengers of the respondent airline and actual expenses incurred.
their contract of carriage for return flights. Petitioners
claimed, however, that this itinerary was not followed Baksh v. CA
when the aircraft used for the first segment of the journey Where a man’s promise to marry is in fat the proximate
developed engine trouble. Petitioners likewise claimed cause of the acceptance of his love by a woman and his
that the contents of their baggage which was not allowed representation to fulfill that promise thereafter becomes
to be placed inside the passengers' baggage compartment the proximate case of the giving of herself unto him in a
were stolen. Petitioners filed a case for damages which sexual congress, and that he had in reality, no intention
was decided by the trial court in their favor. of marrying her and that promise was only a subtle
scheme or deceptive device to entice or inveigle her to
The Court ruled that moral damages cannot be awarded accept him and obtain her consent to the sexual act, the
in the case at bar because of the absence of bad faith, ill act could justify the award of damages based on the fraud
will, malice or wanton conduct on the part of respondent. and deceit behind it (not the promise to marry) and the
wilful injury to her honor and reputation. It is essential
China Airlines vs Chiok (2003) that it be committed in a manner contrary to morals,
Respondent purchased tickets from petitioner airline. His good customs or public policy.
flight was cancelled due to a typhoon. He was not
however given the rebooked flight to fly the following day. MORAL DAMAGES IN ANALOGOUS CASES
The latter sought to recover his luggage but found only 2 The term analogous causes, following the ejusdem
which were placed at the end of the passengers line. generis rule, must be held similar to those expressly
Realizing that his new Samsonite luggage was missing, enumerated by law.
which contained cosmetics worth HK$14,128.80, he filed
a case for damages including moral damages against Jurisprudence on analogous cases:
petitioner. 1. Action to recover damages from the attachment
plaintiff for the wrongful issuance and levy of
The court awarded moral damages to respondent. It held attachment: identical to the malicious
that since the status of respondent’s flight was "OK," as a prosecution
matter of right, he should have been automatically 2. Illegal termination cases attended by bad faith or
transferred to and allowed to board the following day. fraud or constituted an act oppressive to labor or
was done in a manner contrary to morals, good
Clearly resulting from negligence on the part of PAL was customs or public policy;
its claim that his name was not included in its list of and, 3. Kidnapping and failure to return a minor: it is
consequently, in the list of the replacement flight. Since analogous to arbitrary detention or arrest;
he had secured confirmation of his flight — not only once, 4. Psychological incapacity: SC ruled that there
but twice — by personally going to the carrier's offices should be no award of moral damages in cases
where he was consistently assured of a seat thereon — involving psychological incapacity;
PAL's negligence was so gross and reckless that it 5. Loss of boyfriend: not analogous.
amounted to bad faith.
Filinvest vs Mendez (1987)
BREACH OF PROMISE TO MARRY The rule is settled that moral damages cannot be awarded
General Rule: There is no liability if you do not keep in the absence of a wrongful act or omission or fraud or
your promise. In the deliberation of the drafters of the bad faith. The petitioner may have erred but error alone is
Civil Code, breach of promise to marry should not be not a ground for moral damages.
actionable because there is greater evil in having to
require or compel a person to go through a loveless
marriage.

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Gutierrez vs Villegas
LATEST RULE ON CORPORATIONS
As to moral damages, the record shows no proof of
mental suffering on the part of defendants upon which the
award can be based. General Rule: Corporation is not entitled to moral
damages
Mercado vs Lira
It is argued that the award for moral damages for mental Exception: Cases of libel, slander or any other form of
anguish caused by the death of a passenger is not defamation
obligatory, and that the amount should only be nominal if
the heirs have already been compensated substantially for Republic v. Tuvera (2007)
the death of the deceased. Article 2206 states further that “A juridical person is not entitled to moral damages under
"In addition" to the amount of at least P3,000.00 to be Article 2217 of the Civil Code. It may avail of moral
awarded for the death of a passenger, the spouse, damages under the analogous cases listed in Article 2219,
legitimate and illegitimate descendants and ascendants of such as libel, slander or any other form of defamation.”
the deceased may demand moral damages as a
consequence of the death of their deceased kin, which The reason behind this rule is because a juridical person
simply means that once the above-mentioned heirs of the has no nervous system that can feel the anguish and
deceased claim compensation for moral damages and are harm contemplated by a moral damages grant. Except in
able to prove that they are entitled to such award, it cases under Article 2219.
becomes the duty of the court to award moral damages to
the claimant in an amount commensurate with the mental TN: In actual damages, it talks of money but in moral
anguish suffered by them. damages, peace of mind is being disturbed. So moral
damages is granted to restore one’s peace of mind.
In cases of breach of contract (including one of
transportation) proof of bad faith or fraud (dolo) i.e., Mambulao Lumber v PNB (1968)
wanton or deliberate injurious conduct is essential to An artificial person cannot experience physical sufferings,
justify an award of moral damages. There being no mental anguish, fright, serious anxiety, wounded feelings,
evidence of fraud, malice or bad faith, contemplated by moral shock or social humiliation which are the basis of
law, on the part of the respondents, because the cause of moral damages.
the accident was merely the bursting of a tire while the
bus was over-speeding, the cause of petitioner should fail, A corporation may have a good reputation which, if
as far as moral damages is concerned. besmirched, may also be a ground for the award of moral
damages.
Permex vs NLRC
An employee of Permex was terminated for allegedly A corporation may recover moral damages if it “has a
violating company rules and regulations, specifically, good reputation that is debased, resulting in social
allegedly for falsifying his daily time record. He claimed humiliation.”
for moral damages by reason of such dismissal.
ABS-CBN Broadcasting Corp vs CA (1999)
Moral damages are recoverable only where the dismissal The pronouncement in Mambulao Lumber was debunked
of the employee was tainted by bad faith or fraud, or as mere obiter dictum. It was ruled that a corporation
where it constituted an act oppressive to labor, and done cannot be awarded moral damages because “being an
in a manner contrary to morals, good customs or public artificial person and having existence only in legal
policy contemplation, it has no feelings, no emotions, no senses.
It cannot, therefore, experience physical suffering and
Gutierrez vs Villegas mental anguish which can be experienced only by one
Plaintiff filed a case to annul a deed of sale on grounds of having a nervous system.”
fraud and mistake. The defendants answered denying the
charges, and counterclaimed for moral because of the However, where the claim for moral damages falls under
allegedly malicious charges and filing of the suit. item 7 of Article 2219 of the Civil Code, moral damages
may be recovered. This provision expressly authorizes the
As to the defendant’s appeal for moral damages, the recovery of moral damages in cases of libel, slander or
record shows no proof of mental suffering on the part of any other form of defamation.
the defendants, hence, no award for moral damages can
be made. The said provision does not qualify whether the plaintiff is
a natural or juridical person.

ARTICLE 2221. Nominal damages are adjudicated in

Filipinas Broadcasting Network vs Ago Medical and
order that a right of the plaintiff, which has been
Educational Center (2005) violated or invaded by the defendant, may be
A juridical person is generally not entitled to moral vindicated or recognized, and not for the purpose of
damages because, unlike a natural person, it cannot indemnifying the plaintiff for any loss suffered by him.
experience physical suffering or such sentiments as
wounded feelings, serious anxiety, mental anguish or
A kind of damages that are adjudicated in order that a
moral shock.
right of the plaintiff, which has been violated or invaded
by the defendant, may be vindicated or recognized,
The Court's statement in Mambulao Lumber case, that "a
and not for the purpose of indemnifying the plaintiff for
corporation may have a good reputation which, if
any loss suffered by him.
besmirched, may also be a ground for the award of moral
damages" is an obiter dictum.
This is in fact the reason for granting nominal damages in
labor relations when the employer violated the procedural
Nevertheless, respondent's claim for moral damages falls
due process in terminating an employee.
under item 7 of Article 2219 of the Civil Code. This
provision expressly authorizes the recovery of moral
The moment it is granted, the purpose is not
damages in cases of libel, slander or any other form of
indemnification but recognition and vindication of a
defamation.
right. This is the reason why temperate damages cannot
be more than nominal because the purpose is still to
Article 2219 (7) does not qualify whether the
compensate.
plaintiff is a natural or juridical person. Therefore, a
juridical person such as a corporation can validly complain
Medina vs Cresencia (1956)
for libel or any other form of defamation and claim for
It is an established rule that nominal damages cannot
moral damages.
co-exist with compensatory damages. This is because
the two stand in totally different jural foundations.
Republic vs Tuvera (2007)
Nominal damages are awarded not to indemnify one for
The claimant in this case is the Republic of the Philippines,
his loss but to recognize a right that has been violated,
a juridical person. A juridical person is not entitled to
whereas compensatory damages are awarded for the
moral damages under Article 2217 of the Civil Code. It
precise purpose of repatriation and indemnification.
may avail of moral damages under the analogous cases
listed in Article 2219, such as for libel, slander or any
Nominal damages in labor cases
other form of defamation.
Dismissals for cause but without observance of the twin
requirements of notice and hearing: That’s the reason
Suffice it to say that the action at bar does not involve
why even if there is just cause if based on the
any of the analogous cases under Article 2219, and
examination of papers submitted by the employer it fails
indeed upon an intelligent reading of Article 2219, it is
to observe procedural due process then still can be liable
difficult to see how the Republic could sustain any of the
for nominal damages.
injuries contemplated therein.

ARTICLE 2222. The court may award nominal

The law says it is in the nature of compensatory
damages in every obligation arising from any source
because the purpose is still to give you or to address a
enumerated in article 1157, or in every case where any
pecuniary loss just like actual damages the kind of loss
property right has been invaded.
you have suffered when you are asking for temperate
damages is monetary or pecuniary loss.
ARTICLE 2223. The adjudication of nominal damages
shall preclude further contest upon the right involved
But why not compensatory damages?
and all accessory questions, as between the parties to
It is because here the kind of loss suffered, even
the suit, or their respective heirs and assigns.
pecuniary, is not however capable of being proven with
exactitude and so it cannot be adequately or fully
Nominal damages are adjudicated in order that a right of compensated. Therefore you grant temperate damages
the plaintiff, which has been violated or invaded by the when the kind of monetary loss that you have suffered is
defendant, may be vindicated or recognized, and not for such that by its nature it cannot be proven with certainty.
the purpose of indemnifying the plaintiff for any loss
suffered by him. Example: Injury to commercial standing. it’s obvious
that it is monetary but from its nature, you can’t pinpoint
Go vs IAC (1991) the extent because the injury to commercial standing
Nominal damages are not intended for indemnification of cannot be proven with certainty.
loss suffered but for the vindication or recognition of a
right violated or invaded. Temperate/moderate damages cannot coexist with
actual/compensatory damages. When you ask for
Ventenilla vs Centino (1961) compensatory damages, the pecuniary loss there is
The assessment of nominal damages is left to the capable of being established with certainty. But when you
discretion of the court, according to the circumstances of claim for temperate damages, you are saying that the loss
the case. suffered is money but by its nature you cannot prove it
with certainty.
Considering the circumstances, as found by the trial
court, and the degree of negligence committed by the TN: Temperate or moderate damages is not a substitute
appellee, a lawyer, in not depositing on time the appeal for failure to present the receipts in a claim for actual
bond and filing the record on appeal within the extension damages. Your failure to present the receipts cannot be
period granted by the court, which brought about the cured by the subsequent claim for temperate damages.
refusal by the trial court to allow the record on appeal, It’s contradictory.
the amount awarded by the trial court to the appellant as
nominal damages may seem exiguous. If a party fails to prove the fact of pecuniary loss, and not
just the amount of this loss, the award of temperate
Nevertheless, considering that nominal damages are not damages cannot be applied.
for indemnification of loss suffered but for the vindication
or recognition of a right violated or invaded. MBTC v. CA (1994)
Temperate damages may be allowed in cases where from
the nature of the case, definite proof of pecuniary loss
cannot be adduced, although the court is convinced that
there has been such loss.

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Page 71
General Rule: People v. Padin (1998) Allowance of temperate damages when actual
Damages cannot be both actual and temperate. damages were not adequately proven
Temperate or moderate damages are allowed because, Notwithstanding the language of Article 2224, a line of
while some pecuniary loss has been suffered, form the jurisprudence has emerged authorizing the award of
nature of the case, it’s amount cannot be proved with temperate damages even in cases where the amount of
certainty. pecuniary loss could have been proved with certainty, if
no such adequate proof was presented. The allowance of
Exception: Ramos, et al. vs CA (1999) temperate damages when actual damages were not
Where the resulting injury might be continuing and adequately proven is ultimately a rule drawn from equity,
possible future complications directly arising from the the principe affording relief to those definitely injured who
injury, while certain to occur, are difficult to predict. In are unable to prove how definite the injury.
these cases, the amount of damages which should be
awarded, if they are to adequately and correctly respond TN: It is wrong to award, along with nominal damages,
to the injury caused, should be one which compensated temperate or moderate damages. The two awards are
for pecuniary loss incurred and proved, up to the time of incompatible and cannot be granted concurrently.
trial; and one which would meet pecuniary loss certain to
be suffered but which could not, from the nature of the Pleno vs CA (1988)
case, be made with certainty. In other words, temperate Temperate damages are included within the context of
damages can and should be awarded on top of actual or compensatory damages. In arriving at a reasonable level
compensatory damages in instances where the injury is of temperate damages to be awarded, trial courts are
chronic and continuing. And because of the unique nature guided by our ruling that: "There are cases where from
of such cases, no incompatibility arises when both actual the nature of the case, definite proof of pecuniary loss
and temperate damages are provided for. The reason is cannot be offered, although the court is convinced that
that these damages cover two distinct phases. As it would there has been such loss. For instance, injury to one's
not be equitable- and certainty not in the best interests of commercial credit or to the goodwill of a business firm is
the administration of justice- for the victim in such cases often hard to show certainty in terms of money. Should
to constantly come before the courts and invoke their aid damages be denied for that reason? The judge should be
in seeking adjustments to the compensatory damages empowered to calculate moderate damages in such cases,
previously awarded- temperate damages as appropriate. rather than that the plaintiff should suffer, without
The amount given to temperate damages, though to a redress from the defendant's wrongful act."
certain extent speculative, should take into account the
cost of proper case BPI Investment vs DG Carreon
Temperate or moderate damages may be recovered when
Instances where temperate damages are the court finds that some pecuniary loss has been
adjudicated: suffered but its amount cannot, from the nature of the
While temperate damages are to be awarded only for case, be proved with certainty.
damages that may not be established with certainty, still
the court has held that in lieu of actual damages, GSIS vs Deang
temperate damages may be recovered where: Respondent spouses obtained a housing loan from GSIS
1. Victim’s family suffered some pecuniary loss secured by a REM and deposited to the petitioner the copy
although amount cannot be proved with of the OCT of the subject REM. Personnel of the GSIS
certainty; were not able to release the owner's duplicate of the title
2. Medical services and the wake; as it could not be found despite diligent search. As result
3. No evidence of burial and funeral expenses in of the delay in releasing the duplicate copy of the owner's
lieu of actual damages; title, they were unable to secure a loan.
4. In criminal cases, this is awarded to the heirs of
the victim in cases where the amount of actual It is apparent that the respondent spouses suffered
damages was not proven due to the inadequacy financial damage because of the loss of the owners'
of the evidence presented by the prosecution; duplicate copy of the title. Temperate damages may be
5. Action for damages involving a vehicular granted. The rationale behind temperate damages is
collision, it is awarded where the resulting precisely that from the nature of the case, definite proof
damage sustained by the cargo truck, after of pecuniary loss cannot be offered. When the court is
plaintiff failed to submit competent proof of convinced that there has been such loss, the judge is
actual damages. empowered to calculate moderate damages, rather than
let the complainant suffer without redress from the
defendant's wrongful act.

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Page 72
vehicular accident. The accident resulted in the death of
People vs Yrat respondent's husband, Silvino Tan, and caused
Accused was charged with the crime of murder. He respondent physical injuries and damage to the
allegedly shot a certain individual, inflicting upon him fatal respondent’s motorcycle.
gunshot wound which caused his immediate death.
The CA correctly awarded temperate damages for the
Temperate damages may be recovered when the court damage caused on the respondent's motorcycle. Under
finds that some pecuniary loss has been suffered, but its Art. 2224 of the Civil Code, temperate damages "may be
amount CANNOT, from the nature of the case, be proved recovered when the court finds that some pecuniary loss
with certainty. has been suffered but its amount cannot, from the nature
of the case, be proved with certainty." In the absence of
Premiere Development Bank vs CA (2004) competent proof of the actual damage caused on the
Panacor acquired an exclusive distributorship of products motorcycle or the actual cost of its repair, the award of
manufactured by Colgate. To meet the capital temperate damages by the appellate court was
requirements, Panacor applied for a loan with Premiere reasonable under the circumstances.
which was approved in exchange of a REM and the
surrender of Panacor’s TCT. Premiere, despite repeated Tan vs OMC Carriers, Inc. (2011)
demands, did not release the agreed loan amount. Respondent OMC Carriers owned a truck, driven by
Panacor failed to generate the required capital to meet its respondent driver, which crashed into the home of
distribution and sales targets, so Colgate backed out of petitioners Tan when its braking mechanism failed. This
their agreement. caused the death of their head of the family as well as
damage to their property. The Tans went to court to
It is obvious that the wrongful acts of Premiere adversely demand damages due to the negligence of OMC.
affected, in one way or another, the commercial credit of
Panacor, greatly contributed to, if not, decisively caused Temperate damages are awarded when the exact amount
the premature stoppage of its business operations and the of damages is unknown. The petitioners clearly suffered
consequent loss of business opportunity. Since these damages. Their home and property were damaged. The
losses are not susceptible to pecuniary estimation, provider of the family passed away. It is clear and
temperate damages may be awarded. undisputed that they did suffer losses. However, since the
value of the properties damaged could not be determined
PT&T vs CA (2002) with certainty because of the nature of the property,
The general rule is that temperate or moderate damages temperate damages are in order. Also, even if there are
may only be given if the court finds that some pecuniary no documents supporting the earning capacity of the
loss has been suffered but that its amount cannot, from deceased, the damage caused is still undisputed.
the nature of the case, be proved with certainty. If the Temperate damages must be awarded.
factual findings of the court are that there is failure to
establish pecuniary loss, or if proved, cannot from their International Container Terminal Services vs Chua
nature be precisely quantified, temperate or moderate (2014)
damages may not be awarded and the result comes down 20–feet container van loaded with the personal effects of
to only a possible award of nominal damages. respondent Chua arrived from California. It was unloaded
from the vessel and was placed in the depot belonging to
Republic vs Tuvera (2007) petitioner for safekeeping pending the customs inspection.
This involved the recovery of the ill-gotten wealth from The depot was gutted by fire. It was found out that 70%
the Marcoses. The Court awarded temperate damages of the contents of the van was found to be totally burnt
even in the absence of proof that pecuniary loss was and 30% was wet, dirty and unusable. Respondent
suffered. The textual language might betray an intent that demanded reimbursement of the value of the goods but
temperate damages do not avail when the case, by its to no avail
nature, is susceptible to proof pecuniary loss; and
certainly the Republic could have proved pecuniary loss In the case, respondent failed to adduce evidence
therein. Still, jurisprudence applying Art. 2224 is clear adequate enough to satisfactorily prove the amount of
that temperate damages may be awarded even in actual damages claimed. The receipts she submitted
instances where pecuniary loss could theoretically have cannot be considered competent proof since she failed to
been proved with certainty. prove that the items listed therein are indeed the items
that were in her container van and vice versa. In the
Phil Hawk Corp vs Vivian Tan Lee (2010) absence of competent proof on the amount of actual
Respondent Tan Lee filed a complaint against petitioner damages suffered, a party is entitled to receive temperate
for damages based on quasi-delict arising from a damages.

Respondent Fox asserts that the plaintiff cannot recover

LIQUIDATED DAMAGES
for the reason that he did not prove damages and cites
Art. 2226 - 2227, NCC
numerous American authorities to the effect that because
stipulations for liquidated damages are generally in excess
of actual damages and so work a hardship upon the party
ARTICLE 2226. Liquidated damages are those agreed
in default, courts are strongly inclined to treat all such
upon by the parties to a contract, to be paid in case of
agreements as imposing a penalty and to allow a recovery
breach thereof.
for actual damages only.

ARTICLE 2227. Liquidated damages, whether

In this jurisdiction, there is no difference between a
intended as an indemnity or a penalty, shall be
penalty and liquidated damages, so far as legal results are
equitably reduced if they are iniquitous or
concerned. Whatever differences exist between them as a
unconscionable.
matter of language, they are treated the same legally. In
either case the party to whom payment is to be made is
ARTICLE 2228. When the breach of the contract
entitled to recover the sum stipulated without the
committed by the defendant is not the one
necessity of proving damages.
contemplated by the parties in agreeing upon the
liquidated damages, the law shall determine the
Scott Consultations & Resource Devt Corp., Inc. vs
measure of damages, and not the stipulation.
CA, et al.
In case liquidated damages have been agreed upon, no
HL Carlos Construction vs Marina Properties Corp proof of loss is necessary in order that such liquidated
(2004) damages may be recovered.
Liquidated damages are those that the parties agree to be
paid in case of a breach. As worded, the amount agreed The stipulation for liquidated damages is intended to
upon answers for damages suffered by the owner due to obviate controversy on the amount of damages.
delays in the completion of the project.
Liquidated damages are identical to penalty insofar as
These damages take the nature of penalties. It is attached legal results are concerned. Intended to ensure the
to an obligation in order to ensure performance. performance of the principal obligation, such damages are
accessory and subsidiary obligations. The nullity of the
CLASS DISCUSSION: The nice thing about this kind of principal obligation carried with it the nullity of the
damage is when you agreed in the contract that in case of accessory obligation of liquidated damages.
breach of contract, an amount will be paid to the party
suffering from such breach without a need to prove
damages.

However, this may be reduced by court if found to be

unconscionable.

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Page 74
De Leon vs CA (1988)
EXEMPLARY DAMAGES
Requisites for the award of exemplary damages
1. They may be imposed by way of example or
NATURE
correction only in addition to compensatory
Art. 2229, NCC
damages and cannot be recovered as a matter of
Art. 2233 - 2235, NCC
right, their determination depending upon the
amount of compensatory damages that may be
awarded to the claimant;
ARTICLE 2229. Exemplary or corrective damages are
2. The claimant must first establish his right to
imposed, by way of example or correction for the public
moral, temperate, liquidated or compensatory
good, in addition to the moral, temperate, liquidated or
damages;
compensatory damages.
3. The wrongful act must be accompanied by bad
faith, and the award would be allowed only if the
ARTICLE 2233. Exemplary damages cannot be
guilty party acted in wanton, fraudulent,
recovered as a matter of right; the court will decide
reckless, oppressive or malevolent behavior.
whether or not they should be adjudicated.
TN: Exemplary damages is a kind that cannot stand
ARTICLE 2234. While the amount of the exemplary
independently. It must coexist with actual, moral or
damages need not be proved, the plaintiff must show
temperate damages before the court may consider such
that he is entitled to moral, temperate or compensatory
claim for exemplary damages. The absence of actual,
damages before the court may consider the question of
nominal, temperate or compensatory damages blocks the
whether or not exemplary damages should be awarded.
grant of exemplary damages.
In case liquidated damages have been agreed upon,
although no proof of loss is necessary in order that
While exemplary damages cannot be recovered as a
such liquidated damages may be recovered,
matter of right, they need not be proved, although
nevertheless, before the court may consider the
plaintiff must show that he is entitled to moral, temperate
question of granting exemplary in addition to the
or compensatory damages before the court may consider
liquidated damages, the plaintiff must show that he
the question of whether or not exemplary damages should
would be entitled to moral, temperate or compensatory
be awarded.
damages were it not for the stipulation for liquidated
damages.
Rationale
The rationale behind exemplary or corrective damages, is,
ARTICLE 2235. A stipulation whereby exemplary
as the name implies, to provide an example or correction
damages are renounced in advance shall be null and
for the public good.
void.
Exemplary v. Moral Damages
Nature and concept It differs from moral damages in that, while moral
Also known as “punitive” or “vindictive” damages, damages have to do with injury personal to the awardee,
exemplary or corrective damages are intended to serve as such as physical suffering, and the like, exemplary
deterrent to serious wrongdoings and as a vindication of damages are imposed by way of example or correction for
undue sufferings and wanton invasion of the rights of an the public good.
injured or punishment for those guilty of outrageous
conduct. Moral and exemplary damages are different in
nature, and require separate determination. Moral
These damages are intended in good measure to deter damages are awarded where the claimant experienced
the wrongdoer and others like him from similar conduct in physical suffering, mental anguish, fright, serious anxiety,
the future. Moral damages, unlike exemplary damages, is besmirched reputation, wounded feelings, moral shock,
awarded not to punish the defendant. It’s awarded to social humiliation, and similar injury as a result of the act
alleviate the suffering of the plaintiff and to restore the complained of.
plaintiff to spiritual status quo ante. However, the
purpose of exemplary damages can be punitive or The award of exemplary damages, on the other hand, is
vindictive damages. warranted when moral, temperate, liquidated or
compensatory damages were likewise awarded by the
court.

ARTICLE 2230. In criminal offenses, exemplary

Award of exemplary damages not a matter of right
damages as a part of the civil liability may be imposed
when the crime was committed with one or more Know that this isn’t recoverable as a manner of right. It is
aggravating circumstances. Such damages are separate subject to the discretion of court.
and distinct from fines and shall be paid to the offended
party. Effect of waiver on the grant of exemplary damage
Never stipulate a waiver for the grant of Exemplary
ARTICLE 2231. In quasi-delicts, exemplary damages Damages in advance. It is null and void because you
may be granted if the defendant acted with gross
cannot usurped the act of court whether to grant or not
negligence.
the award of Exemplary damages.
ARTICLE 2232. In contracts and quasi-contracts, the
court may award exemplary damages if the defendant Sulpicio Lines vs Sesante, et al. (2016)
acted in a wanton, fraudulent, reckless, oppressive, or M/V Princess of the Orient, a passenger vessel owned and
malevolent manner. operated by the petitioner, sank near Fortune Island in
Batangas. Of the 388 recorded passengers, 150 were lost.
This kind of damage is always subject to the discretion of Napoleon Sesante, then a member of the Philippine
the court. But in cases of crime, if it is attended with National Police (PNP) and a lawyer, was one of the
aggravating circumstances, it is almost always that the passengers who survived the sinking. He sued the
court will grant exemplary damages. petitioner for breach of contract and damages.

Other instances when the award may be applicable Whether petitioner should be liable for exemplary
1. In cases of quasi-delicts, when the defendant damages despite respondent not praying for it.
acted with gross negligence as to approximate
malice; In contracts and quasi-contracts, the Court has the
2. In contract or quasi-contracts, if the defendant discretion to award exemplary damages if the defendant
acted in a wanton, fraudulent, reckless, acted in a wanton, fraudulent, reckless, oppressive, or
oppressive, or malevolent manner; malevolent manner. First of all, exemplary damages did
3. In cases under these articles (2230-2232) not have to be specifically pleaded or proved, because the
mention the acts that trigger the award of courts had the discretion to award them for as long as the
exemplary damages; evidence so warranted.
4. Gross carelessness or negligence constitutes
wanton misconduct; It further appears that the amount of exemplary damages
5. Rudeness and absence of politeness in the airline need not be proved, because its determination depends
industry; upon the amount of compensatory damages that may be
6. Bad faith in breach of contract of carriage; awarded to the claimant. If the amount of exemplary
7. In criminal cases, when the crime is committed damages need not be proved, it need not also be alleged,
with one or more aggravating circumstances; and the reason is obvious because it is merely incidental
8. Maritime disasters; or dependent upon what the court may award as
9. Medical malpractice; compensatory damages.
10. Illegal termination;
11. Warning to the city or cities concerned to be Also known as 'punitive' or 'vindictive' damages,
more conscious of their duty and responsibility to exemplary or corrective damages are intended to serve as
their constituents, especially when they are a deterrent to serious wrong doings, and as a vindication
engaged in construction work or when there are of undue sufferings and wanton invasion of the rights of
manholes on their sidewalks or streets which are an injured or a punishment for those guilty of outrageous
uncovered, to immediately cover the same, in conduct.
order to minimize or prevent accidents to the
poor pedestrians; In this case the Board of Marine Industry found that the
12. Sexual violence to a minor child; captain had executed several starboard maneuvers
13. Raping a married woman after forcibly abducting despite the critical situation of the vessel, and that the
her, in the presence of her husband; maneuvers had greatly added to the tilting of the vessel.
14. Raping a pregnant married woman; The actuations of the petitioner and its agents during the

Exemplary damages are not generally recoverable in a ARTICLE 2214. In quasi-delicts, the contributory
special civil action for mandamus unless the defendant negligence of the plaintiff shall reduce the damages
patently acted with vindictiveness or wantonness and not that he may recover.
in the exercise of honest judgment. The claim for
exemplary damages must presuppose the existence of the ARTICLE 2215. In contracts, quasi-contracts, and
circumstances enumerated in Articles 2231 and 2232 of quasi-delicts, the court may equitably mitigate the
damages under circumstances other than the case
the Civil Code.
referred to in the preceding article, as in the following
instances:
Exemplary or corrective damages are imposed by way of 1. That the plaintiff himself has contravened the
example or correction for the public good, in addition to terms of the contract;
the moral, temperate, liquidated or compensatory 2. That the plaintiff has derived some benefit as
damages. Such damages are required by public policy, for a result of the contract;
3. In cases where exemplary damages are to be
wanton acts must be suppressed. They are an antidote so
awarded, that the defendant acted upon the
that the poison of wickedness may not run through the advice of counsel;
body politic. 4. That the loss would have resulted in any
event;
Bano v. Bachelor Express 5. That since the filing of the action, the
Records show that when bus driver Salvaña overtook the defendant has done his best to lessen the
jeepney in front of him, he was rounding a blind curve plaintiff's loss or injury.
along a descending road. Considering the road condition,
and that there was only one lane on each side of the Guiding principle
center line for the movement of traffic in opposite There is to, to be sure, no hard and fast rule for
directions, it would have been more prudent for him to determining what would be a fair amount of moral (or
confine his bus to its proper place. Having thus exemplary) damages, each case having to be governed by
encroached on the opposite lane in the process of its attendant particulars. Generally, the amount of moral
overtaking the jeepney, without ascertaining that it was damages should be commensurate with the actual loss or
clear of oncoming traffic that resulted in the collision with injury suffered.
the approaching dump truck driven by deceased
Asumbrado, Salvaña was grossly negligent in driving his Principles that will guide the court in the award of
bus. damages:
1. Contributory negligence: It will result in the
Consequently, the CA erred in deleting the awards of reduction of the damages that will be awarded in
exemplary damages, which the law grants to serve as a favor of the plaintiff. Not because you suffered
warning to the public and as a deterrent against the damage means you can fully recover damages
repetition of similar deleterious actions. However, the without you doing also to minimize the loss that
award should be tempered as it is not intended to enrich is being suffered. The negligence here is at the
one party or to impoverish another. time of the incident.
2. Doctrine of Avoidable Consequences: The
party suffering the loss or injury must exercise
the diligence of a good father of a family to

In quasi-delicts Under this rule, if an injured person receives

The contributory negligence of the plaintiff shall reduce compensation for his injuries from a source wholly
the damages that he may recover. independent of the tortfeasor, the payment should not be
deducted from the damages which he would otherwise
In quasi-contracts collect from the tortfeasor.
In contracts, quasi-contracts, and quasi-delicts, the court
may equitably mitigate the damages under circumstances The rationale for the collateral source rule is based upon
other than the case referred to in the preceding article the quasi-punitive nature of tort law liability. It is
(See Article 2215) designated to strike a balance between two competing
principles of tort law:
Judgment on the pleadings improper 1. A plaintiff is entitled to compensation sufficient to
The court cannot take judgment on the pleadings on make him whole, but no more; and
claims for damages. 2. A defendant is liable for all damages that
proximately result from his wrong.
Raagas vs Traya, et al. (1968)
Even if the allegations regarding the amount of damages It finds no application to cases involving no-fault
in the complaint are not specifically denied in the answer, insurance under which the insured is indemnified for
such damages are not deemed admitted. losses by insurance companies, regardless of who was at
fault in the incident generating the losses.
Actual damages must be proved and a court cannot rely
on speculation, conjecture or guesswork as to the fact People vs Jugueta (2016)
proof and amount of damages, but must depend on actual In criminal cases where the imposable penalty is reclusion
proof that damages had been suffered and on evidence of perpetua to death, there are three kinds of damages that
the actual amount. may be awarded by the court: civil indemnity, moral
and exemplary damages. Actual damages may be
Good faith not a defense in action for damages awarded or temperate damages in some instances.
founded on violation of constitutional rights
Under Articles 32 and 2219 of the Civil Code, a person
whose constitutional rights have been violated or impaired
is entitled to actual and moral damages from the public
officer or employee responsible thereof.

In addition, exemplary damages may be also awarded. It

is enough that there be a violation of the constitutional
rights of the plaintiffs and it is not required that
defendants should have acted with malice or bad faith.

Public officials in the past have abused their powers on

the pretext of justifiable motives or good faith in the
performance of their duties. The object of Article 32 is to
put an end to official abuse by the plea of good faith.

Further, it is not the action alone, who must answer for

damages. The person indirectly responsible also has to
answer for the damages or injury caused to the aggrieved
party. Only judges are excluded from liability under the

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ROQUE, Camille Nica

EH405 REAL LAW FIRM

AY 2020-2021 MABALE, Nichol John
ROSAL, Ivan Jed
LEGASPI, Jan Christian
OVERALL COMMITTEE
SALGARINO, Kathleen
GUIMARY, Isabel
ARCHIVAL, Jezreel Ezer
PINOL, Steffi Angela PAYTS LAW FIRM
SALVADOR, Sean Timothy ARCHIVAL, Jezreel Ezer
TAGALOG, Honey Babe PINOL, Steffi Angela
YANG, Jandilyn SALVADOR, Sean Timothy
TAGALOG, Honey Babe
YANG, Jandilyn
CLASS CASE DIGESTS

EH405 “It is not the critic who counts; not the man who points
2nd Semester, AY 2020 - 2021 out how the strong man stumbles, or where the doer of
deeds could have done them better. The credit belongs to
the man who is actually in the arena, whose face is
CLASS TRANSCRIPTS CONTRIBUTORS
marred by dust and sweat and blood; who strives
valiantly; who errs, who comes short again and again,
BETQA LAW because there is no effort without error and shortcoming;
ABAD, John Paul but who does actually strive to do the deeds; who knows
BACOLOD, Chino Rey great enthusiasms, the great devotions; who spends
ELIZAGA, Cheska Nena himself in a worthy cause; who at the best knows in the
QUEVEDO, Kareen Jeniffer end the triumph of high achievement, and who at the
TAYONG, Szaiffa Leya worst, if he fails, at least fails while daring greatly, so that
his place shall never be with those cold and timid souls
SAMGYUP LAW who neither know victory nor defeat.”
CESISTA, Hannah Jay
JAPITAN, Ma. Angeline ― Theodore Roosevelt
QUINANOLA, June Lavil
ROMERO, Floramie
SUAN, Eden

TODAY (T2DAE) LAW FIRM

ABELLA, Bea Vanessa
DELA ROSA, Mary Sybil
DIEZ, Christian Luigi
EGUIA, Rheena Gayle
TAN, Teresa

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2021 Torts Reviewer EH 405

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UNIVERSITY OF SAN CARLOS NATURE, SCOPE AND COVERAGE

School of Law & Governance Art. 2176, NCC

TORTS & DAMAGES

TORT v. QUASI-DELICT Gashem Shookat Baksh vs. Court of Appeals (1993)

According to NAVIDA, exposure to the said chemical

Voluntary and negligent acts covered by

Penal Code punishes or Civil Code, by means of

If the law or contract does not state the diligence which

As in the case of BLTB, private respondents in this case

Fernando v Court of Appeals Manila Electric Co. v Remoquillo

To constitute quasi-delict, it is not enough to establish Sanitary Steam Laundry v CA

Rosit v Davao Doctors Hospital (2015) RULE ON BURDEN OF PROOF

Res ipsa loquitur is not applicable when the failure to

The petitioner cannot invoke the doctrine of res ipsa

PLAINTIFF’S OWN NEGLIGENCE

DOCTRINE OF LAST CLEAR CHANCE;

The doctrine presupposes a perilous situation created or Picart v. Smith

Considering the wet and slippery condition of the road

NTC v. De Jesus (2015) NAPOCOR v. Casionan (2008)

The Court ruled that both Loadmasters and Glodel are

Employers shall be liable for the damages caused by

The civil liability of parents for quasi-delicts of their minor

Even assuming that Aonuevo had failed to see Villagracia

Cadiente v. Macas (2008)

Art. 2180. “Lastly, teachers or heads of

It must be that the act was committed BY the student

Recess is defined as a break during which time the Salvosa v. IAC

As long as it can be shown that the student is in the SCHOOL AS AN EMPLOYER

Art. 219 of Family Code. Those given the authority

The respective liabilities of those referred to in the City of Manila v. Teotico

MMPS Employees Union v. MMPC

The obligation imposed here is not based on negligence,

The liability of two or more tortfeasors is solidary. The

Person liable: Head of a family that lives in the building

MANNER OF ENFORCEMENT DISTINGUISHED

TEST OF ABUSE OF RIGHT DBP v Court of Appeals, et al.:

Article 1314. Any third person who induces another to

If for example you tell your co-employee to transfer to

SECTION 6. Extraterritorial Application. — This Act

PROCESSING OF PERSONAL DATA

Examples: USC, SSS, All gov agencies processing

GENERAL DATA PRIVACY PRINCIPLES

Any information and communication relating to the

NOTE: It is not enough that it falls under lawful

REMEMBER: Processing of Personal Information is

Does Section 4 apply for apprehension purposes Right to Erasure or Blocking

Thus, you can look at it as an excluded act under Right to damages

Right to Data Portability

ARTICLE 2197. Damages may be:

People v. Jugueta (2016).

People v. Bano (2004)

Phil Hawk Corp vs Vivian Tan Lee (2010)

In the absence of documentary evidence, it is reasonable

Nacar vs Gallery Frames (2013)

IN CRIMES AND QUASI-DELICTS

Marikina Auto Line Transport Corporation vs

Requirement of proving moral damages

The purpose of the

Moral damages are awarded to compensate one for

ARTICLE 2221. Nominal damages are adjudicated in

ARTICLE 2222. The court may award nominal

Respondent Fox asserts that the plaintiff cannot recover

ARTICLE 2227. Liquidated damages, whether

However, this may be reduced by court if found to be

ARTICLE 2230. In criminal offenses, exemplary

In quasi-delicts Under this rule, if an injured person receives

In addition, exemplary damages may be also awarded. It

Public officials in the past have abused their powers on

Further, it is not the action alone, who must answer for

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