Torts an unlawful violation of a private right, not created by contract and which gives rise to an action for damages. It is a wrongful act or omission resulting in breach of a private legal duty as distinguished from a mere breach of contractual duty and damage from said breach of duty of such a character as to afford a right of redress at law in favor of the injured party against the wrongdoer.

Note: tort law is not concerned with the criminal liability of the offender.

General classes of tort: property torts – injuries and damages to real personal property personal torts – injuries to person body reputation character or feelings

Persons who can sue and be sued for tort plaintiff natural or artificial persons injured by a tortious act can sue the tortfeasor and are entitled to damages.

Tortious act a wrongful act it is the commission omission of an act by one without right whereby another receives some reputation

An action for damages can only be maintained by the person directly injured and not by one alleging a collateral injury however there are cases where an injury to one person may operate to the injury of another to one person may operate to the injury of another example a parent cannot alone sue for the injury suffered by his child but may maintain an action in his own right for any damages suffered associated to said injury

If several persons are wronged by the same act each person injured may sue

Defendant natural artificial persons who may be liable

Tortfeasor every person legally responsible is liable for a tort committed by him provided it is the proximate cause of an injury to another

Pursuant to vicarious liability a corporation may be held directly and primarily liable for tortious acts of its officers or employees

Joint tortfeasor two or more persons acting together in committing a wrong or contributing to its commission or participating therein actively and with common intent so that injury results to a third person therefrom

Test whether plaintiff has a single cause of action against such tortfeasors or whether he has several cause of action against each of them

The exoneration of one joint tortfeasor does not exonerate the other unless the liability of one results from his responsibility for the other’s act rather than from his own act

It is no defense for one sued alone that the others who participated in the wrongful act are not joined with him as defendants nor is it any excuse for him that his participation was insignificant as compared with that of the others payment in full of the damage done by one of the joint tortfeasor satisfies any

claim which might exist against the others. There can be but one satisfaction the release by one tortfeasor by an agreement generally operated to discharge all

2176 whoever by act or omission causes damage to another there being fault or negligence is obliged to pay for the damage done such fault or negligence if there is no pre-existing contractual relation between the parties is called quasi-delict

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 damages twice for the same act or omission of the defendant

2178 1172 to 1174 are also applicable to a quasi-delict

1170 those who in the performance of their obligations are guilty of fraud negligence or delay and those who in any manner contravene the tenor thereof are liable for damages

1173 the fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons of the time and of the place when negligence shows bad faith 1171 and 2201 applies

2179 when the plaintiff’s own negligence was the immediate and proximate cause of his injury he cannot recover damages but if his negligence was only contributory the immediate and proximate cause of the injury being the defendant’s lack of due care the plaintiff may recover damages but the courts shall mitigate the damages to be awarded

2180 the obligation imposed by article 2176 is demandable not only for one’s own acts or omissions but also for those of persons for whom one is responsible the father in case of his death or incapacity the mother are responsible for the damages caused by the minor children who live in their company. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company the owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks even though the former are not engaged in any business or industry. The state is responsible in like manner when it acts through a special agent but not when the damage has been caused by the official to whom the task done properly in which case what is provided in 2176 shall be applicable lastly teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices so long as they remain in their custody the responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

2181 whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim

2182 the possessor of an animal or whoever may make use of the same is responsible for damage which it may cause although it may escape or be lost. This responsibility shall cease only in case the damage which it may cause although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage.

2184 in motor vehicle mishaps the owner is solidarily liable with his driver if the former who in the vehicle could have by the use of due diligence prevented the misfortune it is disputably presumed that a driver was negligent if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months

If the owner is not in the motor vehicle the provision of article 2180 are applicable

2185 unless there is proof to the contrary it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap he was violating any traffic regulation

2186 every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office to answer damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official

2187 manufacturers and processors of foodstuffs drinks toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used although no contractual relation exists between them and the consumers

2188 there is prima facie presumption 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 poison except when the possession or use thereof is indispensable in his occupation or business.

2189 provinces cities and municipalities shall be liable for damages for the death of or injuries suffered by any person by reason of the defective condition of roads streets bridges public building and other public works under their control or supervision.

2190 the proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse if it should be due to the lack of necessary repairs.

2191 proprietors shall also be responsible for damages caused by the explosion of machinery which has not been taken care of with due diligence and the inflammation of explosive substances which have not been kept in a safe and adequate place by excessive smoke which may be harmful to persons or property by the 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.

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

2189 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.

2194 the responsibility of two or more persons who are liable for a quasi-delict is solidary.

Damages

2195 all obligations 1157 – law contract quasi contract delict quasi delict

2196 the rules under this title are without prejudice to special provisions on damages formulated elsewhere in this code. Compensation for workmen and other employees in case of death injury or illness is regulated by special laws rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this code.

2197 damages may be actual or compensatory moral nominal temperate or moderate liquidated or exemplary or corrective

2199 one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved such compensation is referred to as actual or compensatory damages.

2200 indemnification for damages shall comprehend not only the value of the loss suffered but also that of the profits which the obligee failed to obtain.

2201 in contracts and quasi-contracts the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted.

2202 in crimes and quasi-delicts the defendants shall be liable for all damages which are the natural and probable consequences of the act or omission complained of it is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.

2203 the party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question.

2204 in crimes the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances

2205 damages may be recovered for loss or impairment of earning capacity in cases of temporary or permanent personal injury for injury to the plaintiff’s business standing or commercial credit

2206 the amount of damages for death caused by a crime or quasi-delict shall be at least 3000pesos even though there may have been mitigating circumstance in addition 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 disability not caused by the defendant had no earning capacity at the time of his death if the deceased was obliged to give support according to the provisions of article 291

the recipient who is not an heir called to the decedents inheritance by the law of testate or intestate succession may demand support from the person causing the death for a period not exceeding 5 years the exact duration to be fixed by the court. The spouse legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.

2207 if the plaintiff’s property has been insured and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. If the amount paid by the insurance company does not fully cover the injury or loss the aggrieved party shall be entitled to recover the deficiency from the person causing the loss or injury.

2208 in the absence of stipulation attorney’s fees and expenses of litigation other than judicial cost cannot be recovered except when exemplary damages are awarded when the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest in criminal cases of malicious prosecution against the plaintiff in case of a clearly unfounded civil action or proceeding against the plaintiff where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s plainly valid just and demandable claim in actions for the recovery of wages of household helpers laborers and skilled workers in actions for indemnity under workmen’s compensation and employer’s liability laws in a separate civil action to recover civil liability arising from a crime when at least double judicial costs are awarded in any other case where the court deems it just and equitable that attorney’s fees and expenses of litigation should be recovered in all cases the attorney’s fees and expenses of litigation must be reasonable

2209 if the obligation consists in the payment of a sum of money and the debtor incurs in delay the indemnity for damages there being no stipulation in the contrary shall be the payment of the interest agreed upon and in the absence of stipulation the legal interest which is six percent per annum.

2210 interest may in the discretion of the court be allowed upon damages awarded for breach of contract.

2211 in crimes and quasi-delicts interest as a part of the damages may in a proper case be adjudicated in the discretion of the court

2212 interest due shall earn legal interest from the time it is judicially demanded although the obligation may be silent upon this point

2213 interest cannot be recovered upon unliquidated claims or damages except when the demand can be established with reasonable certainly

2214 in quasi-delicts the contributory negligence of the plaintiff shall reduce the damages that he may recover

2215 in contracts quasi-contracts and quasi-delicts the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article as in the following instances that the plaintiff himself has contravened the terms of the contract that the plaintiff has derived some benefit as a result of the contract in cases where exemplary damages are to be awarded that the defendant acted upon the advise of counsel that the loss would have resulted in any event that since the filing of the action the defendant has done his best to lessen the plaintiff's loss or injury.

2216 no proof of pecuniary loss is necessary in order that moral nominal temperate liquidated or exemplary damages may be adjudicated the assessment of such damages except liquidated ones is left to the discretion of the court according to the circumstance of each case.

2217 moral damages include physical suffering mental anguish fright serious anxiety besmirched reputation wounded feelings moral shock social humiliation and similar injury. Though incapable of pecuniary computation moral damages may be recovered if they are the proximate result of the defendant’s wrongful act or omission.

2218 in the adjudication of moral damages the sentimental value of property real or personal may be considered.

2219 moral damages may be recovered in the following and analogous cases a criminal offense resulting in physical injuries quasi-delicts causing physical injuries seduction abduction rape or other lascivious acts adultery or concubinage illegal or arbitrary detention or arrest illegal search libel slander or any other form of defamation malicious prosecution acts mention in article 309 acts and actions referred to in article 21 26 27 28 29 30 32 34 35

The parents of the female seduced abducted raped or abused the spouse descendants ascendants and brother and sisters may bring the action mentioned

2220 willful injury to property may be a legal ground for awarding moral damages if the court should find that under the circumstances such damages are justly due the same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.

2221 nominal damages are adjudicated in order that a right of the plaintiff which has been violated or invade by the defendant may be vindicated or recognized and not for the purpose of indemnifying the plaintiff for any loss suffered by him

2222 the court may award nominal damages in every obligation arising from any source enumerated in article 1157 or in every case where any property right has been invaded.

2223 the adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions as between the parties to the suit or their respective heirs and assigns.

2224 temperate or moderate damages which are more than nominal but less than compensatory damages may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not from the nature of the case be proved with certainty

2225 temparate damages must be reasonable under the circumstances

2226 liquidated damages are those agreed upon by the parties to a contract to be paid in case of breach thereof

2227 liquidated damages whether intended as an indemnity or a penalty shall be equitably reduced if they are iniquitous or unconscionable

2228 when the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages the law shall determine the measure of damages and not the stipulation

2229 exemplary or corrective damages are imposed by way of example or correction for the public good in addition to the moral temperate liquidated or compensatory damages

2230 in criminal offenses exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party.

2231 in quasi-delicts exemplary damages may be granted if the defendant acted with gross negligence

2232 in contracts and quasi-contracts the court may award exemplary damages if the defendant acted in a wanton fraudulent reckless oppressive or malevolent manner

2233 exemplary damages cannot be recovered as a matter of right the court will decide whether or not they should be adjudicated

2234 while the amount of the exemplary damages need not be proved the plaintiff must show that he is entitled to moral temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated been agreed upon although no proof of loss is necessary in order that such liquidated damages may be recovered nevertheless before the court may consider the question of granting exemplary in addition to the liquidated damages the plaintiff must show that he would be entitled to moral temperate or compensatory damages were it not for the stipulation for liquidated damages.

2235 a stipulation whereby exemplary damages are renounced in advance shall be null and void.

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

20 every person who contrary to law willfully or negligently causes damage to another shall indemnify the latter for the same

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