Torts/Quasi-delicts
TORTS/QUASI-DELICTS A. ELEMENTS OF QUASI DELICT/TORTS 1. act act or omi omissio ssion n 2. damage damage or injury injury is caused caused to anothe another r 3. faul faultt or neg negli lige genc ncee is pre prese sent nt 4. there there is no pre-e pre-existi xisting ng contrac contractual tual relat relations ions betwe between en the parti parties es 5. causal causal connect connection ion betwe between en damag damagee done done and act/omiss act/omission ion B. DISTINGUISHED FROM OTHER OTHE R SOURCES OF OBLIGATION: CONTRACT QUASI DELICT ontract !egligent act/ omission Vinculum Juris "culpa# imprudence$
Proof Needed
&reponderance of e'iden dence
Defense available available
(xer (xerci cise se of extr extrao aord rdin inar ary y (xercise of diligence of good dili dilige genc ncee "in "in cont contra ract ct of fath father er of a famil amily y in the carriage$# )orce *ajeure select selection ion and super super'is 'ision ion of employees +here ere is is pre pre-e -exi xissting ing con contr traact !o pre pre-e -exi xissting ing cont contra ract ct !o pre pre-exi -exissting ing con contr traact
Pre-existing contract Burden of proof
ontract ontractual ual party. party. &ro'e the ff., 1. exis existe tenc ncee of of a cont contra ract ct 2. breach
&reponder derance of e'idence
DELICT %ct/omission committed by means means of dolo dolo "delib "delibera erate# te# malicious# in bad faith$
ictim. &ro'e the ff., 1. damage 2. negligence 3. caus causal al conn connec ecti tion on between negligence negligence and damage done
C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT DIFFERENCE QUASI-DELICT Liability of Employer olidary
&roof doubt
beyo eyond
reasonable
&ros &rosec ecut utio ion. n. %ccu %ccuse sed d is presumed innocent until the contrary is pro'ed.
DELICT
ubsidiary
Reservation Requireme Requirement nt
i'il aspect of the uasi-delict is impliedly instituted with criminal action# but under 2000 rimpro rimpro ules it is independent and separate
i'il aspect is mpliedly instituted with criminal action
Effect of judgement of acquit acquittal tal in a crimin criminal al case case invo involv lvin ing g same same act/omission
!ot a bar to reco'er ci'il damages !ot a bar to reco'er ci'il damages damages ((&+ ((&+ when judgement pronounces that the negligence from which damage arise is non-existent
D. WHAT MUST BE PROVED 1. Neg!ge"#e - n action for uasi elict# plaintiff must pro'e negligence of defendant Exception: a. In cases where where negligence is presumed presumed or imputed imputed by law law - this is only rebuttable/presumption rebuttable/presumption juris juris tantum b. Principle of res ipsa loquitur (the thing speas for itself! itself! - grounded on the difficulty in pro'ing thru competent e'idence# public policy considerations $. D%&%ge/! ge/!" "'()* ()*
3.
C%(s% #+""e#,!+" e,ee" "eg!ge"#e %" %&%ge "to be actionable$ -efendant6s negligence must be the proximate cause of the injury sustained b y the plaintiff to enable plaintiff to reco'er. +hus# if plaintiff6s own conduct is the cause of the injury there can be no reco'ery. 1
Torts/Quasi-delicts
777 f plaintiff8s negligence is only contributory 9 he is considered partly responsible only# may still reco'er from defendant but must be reduced b y the courts in proportion to his own negligence C+"#e0, +1 0)+2!&%,e #%(se 9 the adeuate and efficient cause which in the natural order of e'ents and under the particular circumstances surrounding the case# would naturally produce the e'ent E. DEFENSES: 1. CON!"B#O!$ NE%&"%ENCE - the theory here is that the plaintiff was also negligent together with the defendant: to constitute a defense# proximate cause of injury/damage must be the negligence of defendant 2. CONC#!!EN NE%&"%ENCE - the theory here is that both parties are eually negligent: the courts will lea'e them as they are: there can be no reco'ery 3. DOC!"NE O' &() C&E(! C*(NCE - e'en though a person6s own acts may ha'e placed him in a position of peril and an injury results# the injured is entitled to reco'er if the defendant thru the exercise of reasonable care and prudence might ha'e a'oided injurious conseuences to the plaintiff. 777 +his defense is a'ailable only in an action by the dri'er or owner of one 'ehicle against the dri'er or owner of the other 'ehicle in'ol'ed. Elements: a. plaintiff was in a position of danger by his own negligence b. defendant ;new of such position of the plaintiff c. defendant had the least clear chance to a'oid the accident by exercise of ordinary care but failed to exercise such last clear chance and d. accident occurred as proximate cause of such failure
"ho may invoe# plaintiff Inapplicable to# 1. joint tortfeasors 2. defendants concurrently negligent 3. as against 3rd persons 4. E+E!%ENC$ !#&E 9 a person is not expected to exercise the same degree of care when he is compelled to act instincti'ely under a sudden peril because a person confronted with a sudden emergency may be left with no time for thought and must ma;e a speedy decision upon impulse or instinct %pplicable only to situations that are sudden and unexpected such as to depri'e actor of all opportunity for deliberation
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5. DOC!"NE O' ())#+P"ON O' !"), 9 $olenti non fit injuria ntentional exposure to a ;nown danger =ne who 'oluntarily assumed the ris; of an injury from a ;nown danger cannot reco'er in an action for negligence or an injury is incurred &laintiff6s acceptance of ris; "by law/contract/nature of obligation$ has erased defendant6s duty so that his negligence is not a legal wrong %pplies to all ;nown danger • •
•
•
>. D#E D"&"%ENCE 9 diligence reuired by law/contract/depends on circumstances of persons# places# things ?.
'O!#"O#) EVEN - no person shall be responsible for those e'ents which cannot be forseen# or which through forseen were ine'itable E2#e0,!+": assumption of ris;
@. D(+N#+ (B)#E "NJ#!"( 9 a principle that in'ol'es damage without injury# therefore no liability is incurred: there is no legal injury A. &(. 9 specific pro'ision of law 2
Torts/Quasi-delicts
10. E/E!C")E O' D"&"%ENCE O' %OOD '(*E! O' '(+"&$ "N )E&EC"ON (ND )#PE!V")"ON O' E+P&O$EE) 11. P!E)C!"P"ON Injury to right of plaintiff/quasi delict - 4 years %efamation - 1 year 777 Bhen no specific pro'ision# must be counted from the day they may be brought 12. P!O)C!"P"ON (%("N) DO#B&E !ECOVE!$ - esponsibility for fault or negligence under uasidelict is entirely separate and distinct from ci'il action arising from the & but plaintiff cannot reco'er damages 2x for same act or omission of the defendant &' (C O! O+"))"ON ") NO *E P!O/"+(E C(#)E O' *E D(+(%E 14. O*E! %!O#ND) 9 MOTION TO DISMISS a. lac; of jurisdiction o'er person of defendant b. lac; of jurisdiction o'er subject matter c. 'enue improperly laid d. plaintiff has no legal capacity to sue e. there is another action pending between same parties for same cause f. cause of action is barred by prior judgement /statute of limitations g. pleading asserting claim states no cause of action h. claim set forth in pleading has been paid# wai'ed# abandoned# extinguished i. claim is unenforceable under the pro'ision of statute of fraud j. condition precedent for filing claim has not been complied with
F. PERSONS LIABLE FOR QUASI DELICT 1. O!'E()O! - Bhoe'er by act or omission causes damage to another# there being no fault or negligence is obliged to pay for the damage done "art 21?>$. 2. PE!)ON) V"C(!"O#)&$ &"(B&E 9 the obligation imposed in 21?> is demandable not only for one6s own act or omission but also for those persons for whom one is responsible "art 21@0$. V"C(!"O#) &"(B"&"$ 9 law on imputed negligence: a person who himself is not guilty of negligence is made liable for conduct of another Reason# 1. public policy 9 deeper poc;et/capacity to pay 2. 'iolation of duty on account of relationship 9 he is negligent a$ PARENTS - +he father# and in case of his death or incapacity# the mother are responsible for damage caused by, i. minor children ii. who li'e in their company )ote# *ather and +other shall jointly e,ercise parental authority over common children In case of disagreement- father.s decision shall prevail (art &&! b$ GUARDIANS - Cuardians are liable for damages caused by the minor or incapacitated persons who are i. under their authority D ii. li'e in their company c$ OWNERS 3 MANAGERS OF ESTABLISHMENT/ENTERPRISE - =wners D managers of establishment or enterprise are responsible for damages caused by their employees i. in the ser'ice of the branches in which the latter are employed = ii. in occasion of their function
d$
EMPLOYERS - (mployers shall be liable for damages caused by their employees D household helpers i. acting w/in the scope of their assigned tas; ii. e'en though the former are not engaged in any business or industry "unli;e in & 9 subsidiary liability of employer attaches in case of insol'ency of employer for as long as the employer is engaged in business/industry$ 3
Torts/Quasi-delicts
Defenses available to emplo0ers: i. exercise of due diligence ins election and super'ision of employees ii. act/omission was made outside wor;ing hours and in 'iolation of company8s rules and regulations e$ STATE - +he state is responsible when it acts through a special agent# but not when the same is caused by an official to whom tas; done properly pertains in which case art 21?> is applicable f$ SCHOOLS4 ADMINISTRATOR4 TEACHER - +eachers or heads of establishments of arts D trades shall be liable for damages caused by their i. pupils# students D apprentices ii. as long as they remain in their custody Note: )amily ode# art 21@ - +he school# its administration D teachers or the indi'idual# entity or institution engaged in child care shall ha'e special parental authority D responsibility o'er the minor child under their super'ision# instruction or custody "authority D responsibility shall apply to all authoriEed acti'ities whether inside or outside the premises or the school# entity or institution$.
)amily ode# art 21A - those gi'en the authority D responsibility shall be solidarily D principally liable for damages caused by act/omission of the unemancipated minor: parents# judicial guardian or person exercising substitute parental authority o'er said minor shall be subsidiarily liable. D!11e)e"#e e,ee" A),!#es $56 3 $567 A), $56 chool# admin# teachers engaged in child care are
made expressly liable
A), $567 +eachers# head of establishment in %rts and trades are made expressly liable
Fiability of school# admin# teachers is solidary and parents are made subsidiary liable
!o such express solidary nor subsidiary liability is stated
tudents in'ol'ed must be minor
tudents in'ol'ed not necessarily minor
Iss(es: 1. 12et2er or not sc2ools are liable3 9 ge" )(e: schools are not liable as party defendants e2#e0,!+": a$ 'C 456 9 schools are expressly made liable b$ )t7 'rancis case ruling 9 school6s liability as employer c$ P)B( case ruling 9 school has liability based on contract S+ ,8%, 9 a$ if culprit is a teac2er # follow t. )rancis ruling "sue school as employer$ b$ if culprit is a stranger # follow &<% ruling "sue school based on contract$ c$ if culprit is a student - apply 21@0 $. does 4568 appl0 to sc2ool of arts 9 trades onl03 !o. applies to all including academic institution per weight of jurisprudence based on obiter of Gustice G
as long as they are in the protective- supervisory capacity of teacher 9 special parental authority
' PE!)ON) E/P!E))&$ +(DE &"(B&E B$ &(. ;even 1it2out fault< %. POSSESSOR OF AN ANIMAL OR WHOEVER MAES USE OF THEM EVEN IF THE ANIMAL IS LOST OR ESCAPED Except: 1. )orce majeure 4
Torts/Quasi-delicts
2. b
c.
d.
e.
f.
g.
h.
)ault of the injured/damaged person
OWNER OF MOTOR VEHICLE - In motor vehicle mishap- the owner is solidarily liable with the driver if# 1. he was in the 'ehicle# and 2. could ha'e through due diligence pre'ented the misfortune MANUFACTURERS 3 PROCESSORS OF FOODSTUFFS4 DRINS4 TOILET ARTICLES 3 SIMILAR GOODS they are liable for death and injuries caused by any noxious or harmful substances used although no contractual relation exists between them and the consumers DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES4 SUCH AS FIREARMS AND POISON there is prima facie presumption of negligence on the part of defendant if death or injury results from such possession Exception: +he possession or use thereof is indispensable in his occupation or business PROVINCES4 CITIES 3 MUNICIPALITIES shall be liable for damages for the death or injuries suffered by any person by reason of the defecti'e condition of roads# streets# bridges# public buildings# and other public wor;s under their control or super'ision PROPRIETOR OF BUILDING OR STRUCTURE - responsible for the damages resulting from any of the ff# i. total or partial collapse of building or structure if due to lac; of necessary repairs ii. explosion of machinery which has not been ta;en cared of with due diligence# and the inflammation of explosi'e substances which ha'e not been ;ept in a safe and adeuate place iii. by excessi'e smo;e# which may be harmful to persons or property i'. by falling of trees situated at or near highways or lanes# if not caused by force majeure '. by emanations from tubes# canals# sewers or deposits of infectious matter# constructed without precautions suitable to the place ENGINEER4 ARCHITECT OR CONTRACTOR if damage of building or structure is caused by defect in construction which happens within 15 years from construction: action must be brought within 10 years from collapse HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF - liable for damages caused by things thrown or falling from the same
G. SPECIAL TORTS 1. A), 5;4 $74 $5 "catch-all pro'ision$ a. ABUSE OF RIGHTS
c. CON!( BON#) +O!E)
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Torts/Quasi-delicts
2. UN>UST ENRICHMENT - %rts. 22# 23# 2142 D 2143 3. OSTENTATIOUS DISPLAY OF WEALTH - %rt. 25: thoughtless extra'agance for pleasure or display during a period of public want or emergency 4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS (rt 4= - e'ery person shall respect the dignity# personality# pri'acy and peace of mind of his neighbors and other persons. 0he ff acts though they may not constitute a criminal offense- shall produce a cause of action for damages prevention and other relief# i. prying into the pri'acy of another8s residence iii. meddling with or disturbing the pri'ate life or family relations of another iii. intriguing to cause another to be alienated from his friends i'. 'exing or humiliating another on account of his religious beliefs# lowly station in life. &lace of birth# physical defect# or other personal condition 5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS *ay be brought by any person suffering from material or moral loss because a public ser'ant refuses or neglects# without just cause to perform his official duty "art 2?$. !E#")"E): a. defendant is a public officer charged with the performance of a duty in fa'or of the plaintiff b. he refused or neglected without just cause to perform such duty "ministerial$ c. plaintiff sustained material or moral loss as conseuence of such non-performance d. the amount of such damages# if material 5. UNFAIR COMPETITION - Hnfair competition in agricultural# commercial or industrial enterprises or in labor through the use of force# intimidation# deceit. *achination or other unjust# oppressi'e or highhanded method "%rt 2@$ ?. MALICIOUS PROSECUTION E&E+EN)> a. that the defendant was himself the prosecutor/ he instigated its commencement b. that it finally terminates in his acuittal c. that in bringing it the prosecutor acted without probable cause# and d. that he was actuated by legal malice# that is# by improper and sinister moti'e 6.
VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON
A. NUISANCE a DEFINITION 1 any act- omission- establishment- condition of property- or anything else which# i. injures or endangers the health or safety to others# or ii. annoys or offends the senses# or iii. shoc;s# defies# or disregards decency or morality# or i'. obstructs or interferes with the free passage of any public highway or streets# or any body of water '. hinders or impairs use of property b. INDS, NUISANCE PER SE - denounced as nuisance by common law or by statute NUISANCE PER ACCIDENS - those which are in their nature not nuisances# but may become so by reason of their locality# surroundings# or the manner in which they may be conducted# managed# etc.
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Torts/Quasi-delicts
PUBLIC - affects a community or neighborhood or any considerable number of persons REMEDIES AGAINST PUBLIC NUISANCES 1. &rosecution under the & or any local ordinance 2. i'il action 3. %batement# without judicial proceeding WHO MAY AVAIL OF REMEDIES 1. Public officers 2. Private persons - if nuisance is specially injurious to himself2 the ff steps must be made# i. demand be first made upon owner or possessor of the property to abate the nuisance ii. that such demand has been rejected iii. that the abatement be appro'ed by the district health officer and executed with the assistance of local police i'. that the 'alue of destruction does not exceed &3#000 PRIVATE - one that is not included in the foregoing definition: affect an indi'idual or a limited number of indi'iduals only REMEDIES AGAINST PRIVATE NUISANCES "1$. i'il action "2$. %batement# without judicial proceedings
WHO MAY AVAIL OF REMEDIES "1$. Public officers "2$. Private persons - if nuisance is specially injurious to himself2 the ff steps must be made# i. demand be first made upon owner or possessor of the property to abate the nuisance ii. that such demand has been rejected iii. that the abatement be appro'ed by the district health officer and executed with the assistance of local police i'. that the 'alue of destruction does not exceed &3#000
b. DOCTRINE OF ATTRACTIVE NUISANCE - a class of cases within the general rule that one is liable for the injury resulting to another from failure to exercise the degree of care commiserate with the circumstances the attracti'eness of the premises or of the dangerous instrumentality to children of tender years is to be considered as an implied in'itation# which ta;es the children who accepted it out of the category of a trespasser and puts them in the category of in'itees# towards whom the owner of the premises or instrumentality owes the duty of ordinary care •
H. DAMAGES
1.
!"s +1 D%&%ges:
ACTUAL/COMPENSATORY - adequate compensation for a$ the 'alue of loss suffered b$ profits which obligee failed to obtain Exception: 7
Torts/Quasi-delicts
a. b.
pro'ided by law by stipulation
WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES: 57< Plead or allege t2e loss GENERAL DAMAGE - natural# necessary and logical conseuences of a particular wrongful act which result in injury: need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act SPECIAL DAMAGES - damages which are the natural# but not the necessary and ine'itable result of the wrongful act: need to be pleaded 47< Pra0 for t2e relief t2at claim for loss be granted ?7< Prove t2e loss WHEN LOSS NEED NOT BE PROVED: 1.$ Fiuidated damages pre'iously agreed upon: liuidated damages ta;e the place of actual damages except when additional damages incurred 2.$ f damages other than actual are sought 3.$ Foss is presumed "ex, loss if a child or spouse$ 4.$ )orfeiture of bonds in fa'or of the go'ernment for the purpose of promoting public interest or policy "ex, bond for temporary stay of alien$ CONTRACTS 3 QUASI CONTRACTS 57 Damages in case of %ood fait2 a. !atural and probable conseuence of breach of obligation# and b. &arties ha'e forseen or could ha'e reasonably forseen at time obligation was constituted 47 Damages in case of bad fait2 a. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation CRIMES 3 QUASI-CRIMES • defendant is liable for all damages that are natural and probable conseuence of the act/omission complained of • not necessary that damages ha'e been forseen or could ha'e been reasonably forseen
a$
VALUE OF LOSS SUFFERED - estruction of things# fines or penalties# medical D hospital bills# attorney8s fees# interests# cost of litigation D%&%ges )e#+ve)%e: 57 +edical 9 *ospital Bills 47 &oss or impairment of earning capacit0 ;in case of p20sical disabilit0< ?7 Damages for deat2 a$ *inimum amount, &50#000 b$ Foss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c$ upport# if deceased was obliged to gi'e support "for period not more than 5 years$ d$ *oral damages
7 (ttorne0@s fees - as a general rule# attorney8s fees "other than judicial costs$ are not reco'erable# except: a$ stipulation between parties b$ when exemplary damages are awarded c$ when defendant8s act/omission compelled plaintiff to litigate with 3 rd persons or incur expenses to protect his interest d$ malicious prosecution e$ clearly unfounded ci'il action or proceeding against plaintiff f$ defendant acted in gross D e'ident bad faith in refusing to satisfy plaintiff8s just D demandable claim g$ legal support actions h$ reco'ery of wages of household helpers# laborers D s;illed wor;ers 8
Torts/Quasi-delicts
i$ actions for indemnity under wor;men8s compensation and employer liability laws j$ separate ci'il action to reco'er ci'il liability arising from crime ;$ when double judicial costs are awarded A7 Judicial costs =7 interest - discretionary on part of the court b$ UNREALI?ED PROFITS - future earnings WHEN IS DAMAGES MITIGATED: 57 Contributor0 negligence 47 "n contracts7 uasi-contracts and uasi-delict a. plaintiff has contra'ened the terms of contract b. plaintiff deri'ed some benefit as result of contract c. in case where exemplary damages are to be awarded# that the defendant acted upon the ad'ise of counsel d. that the loss would ha'e resulted in any e'ent e. that since the filing of the action# the defendant has done his best to lessen the plaintiff8s loss or injury $.
MORAL DAMAGES - "&<*)-*B$ a. &hysical suffering b. # 2?# 2@# 2A# 30# 32# 34 and 35 ;. +he parents of the female seduced# abducted# raped# or abused l. pouse# descendants# ascendants and brother and sisters for acts mentioned in art 30A m. %rt 2220 - in cases of willful injury to property or breaches of contract where defendant acted fraudulently or in bad faith
3. NOMINAL DAMAGES - adjudicated in order that a right of the plaintiff# which has been 'iolated or in'aded by the defendant# may be 'indicated or recogniEed# and not for the purpose of indemnifying the plaintiff for any loss suffered by him ELEMENTS: 9
Torts/Quasi-delicts
a. b. c.
&laintiff has a right ight of plaintiff is 'iolated &urpose is not to identify but 'indicate or recogniEe right 'iolated
4. TEMPERATE OR MODERATE DAMAGES - more than nominal but less than compensatory where some pecuniary loss has been suffered but its amount can8t be pro'ed with certainty due to the nature of the case REQUISITES: a. ome pecuniary loss b. Foss is incapable of pecuniary estimation c. *ust be reasonable
5. LIQUIDATED DAMAGES - those agreed upon by the parties to a contract# to be paid in case of breach thereof WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED: a. iniuitous or unconscionable b. partial or irregular performance
>. E@EMPLARY OR CORRECTIVE DAMAGE - imposed by way example or correction for the public good# in addition to the moral# temperate# liuidated to compensatory damages
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