provisions for torts fishbowl.docx

8/14/2019 Provisions for Torts fishbowl.docx

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FISHBOWL PROVISIONS

1. Article 2176 PLUS elements of a quasi-delict, as stated inAndamo v. Intermediate Appellate Court, G.R. No.74761, November 6, 1990:

Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obligedto pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between theparties, is called a quasi-delict and is governed by the provisions of this Chapter.

(a) damages suffered by the plaintiff; (b) fault or negligence of the defendant, or some otherperson for whose acts he must respond; and (c) the connection of cause and effect between thefault or negligence of the defendant and the damages incurred by the plaintiff.

2. Article 1173 PLUS test for determining negligence, as stated in Picart v. Smith, G.R. No. L-12219, March15, 1918:

Would a prudent man, in the position of the person to whom negligence is attributed, foreseeharm to the person injured as a reasonable consequence of the course about to be pursued. If so,

the law imposes a duty on the actor to refrain from that course or to take precaution against itsmischievous results, and the failure to do so constitutes negligence. Reasonable foresight ofharm, followed by the ignoring of the admonition born of this prevision, is the constitutive factin negligence.

Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is requiredby the nature of the obligation and corresponds with the circumstances of the persons, of the time and of theplace. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

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

3. Articles 2184 and 2185

Article 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who wasin the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputablypresumed that a driver was negligent, if he had been found guilty of reckless driving or violating trafficregulations at least twice within the next preceding two months.

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

Article 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has beennegligent if at the time of the mishap, he was violating any traffic regulation.

4. Article 2179 PLUS the following definition of proximate cause:

Proximate cause is that cause which, in natural and continuous sequence, unbroken by anyefficient intervening cause, produces the injury and without which the result would not haveoccurred.

Article 2179. When the plaintiff's own negligence was the immediate and proximate cause of his injury, hecannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of theinjury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate thedamages to be awarded.

5. Article 2179 PLUS the following definition of contributory negligence:


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Contributory negligence is conduct on the part of the injured party, contributing as a legal causeto the harm he has suffered, which falls below the standard which he is required to conform forhis own protection.

6. Article 2180

Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions,but also for those of persons for whom one is responsible.

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

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

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

Employers shall be liable for the damages caused by their employees and household helpers acting withinthe 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 hasbeen caused by the official to whom the task done properly pertains, in which case what is provided in article2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupilsand 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 theyobserved all the diligence of a good father of a family to prevent damage.

7. Articles 2183, 2187, and 2193

Article 2183.The possessor of an animal or whoever may make use of the same is responsible for the damagewhich it may cause, although it may escape or be lost. This responsibility shall cease only in case the damageshould come from force majeure or from the fault of the person who has suffered damage.

Article 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liablefor death or injuries caused by any noxious or harmful substances used, although no contractual relation exists

between them and the consumers.

Article 2193.The head of a family that lives in a building or a part thereof, is responsible for damages caused bythings thrown or falling from the same.

8. Articles 2190, 2191, and 2192

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

Article 2191. Proprietors shall also be responsible for damages caused:

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

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


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(3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure;(4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without

precautions suitable to the place.

Article 2192. If damage referred to in the two preceding articles should be the result of any defect in theconstruction 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.

9. Articles 19, 20, and 21

Article 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.

Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnifythe latter for the same.

Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, goodcustoms or public policy shall compensate the latter for the damage.


Article 22. Every person who through an act of performance by another, or any other means, acquires orcomes into possession of something at the expense of the latter without just or legal ground, shall return thesame to him.

Article 23. Even when an act or event causing damage to another's property was not due to the fault ornegligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.


Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors andother persons. The following and similar acts, though they may not constitute a criminal offense, shallproduce a cause of action for damages, prevention and other relief:

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

physical defect, or other personal condition.

Article 1314. Any third person who induces another to violate his contract shall be liable for damages to theother contracting party.

12. Article 29 PLUS the following pronouncement in Padilla v. Court of Appeals, G.R. No. L-39999, May 31,1984

The judgment of acquittal extinguishes the liability of the accused for damages only when itincludes a declaration that the facts from which the civil might arise did not exist. Thus, the civilliability is not extinguished by acquittal where the acquittal is based on reasonable doubt; wherethe court expressly declares that the liability of the accused is not criminal but only civil in


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nature; and, where the civil liability does not arise from or is not based upon the criminal act ofwhich the accused was acquitted.

Article 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not beenproved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted.Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may requirethe plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.

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

13. Articles 31, 33, and 34

Article 31.When the civil action is based on an obligation not arising from the act or omission complained of asa felony, such civil action may proceed independently of the criminal proceedings and regardless of the result ofthe latter.

Article 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate anddistinct from the criminal action, may be brought by the injured party. Such civil action shall proceedindependently of the criminal prosecution, and shall require only a preponderance of evidence.

Article 34.When a member of a city or municipal police force refuses or fails to render aid or protection to anyperson in case of danger to life or property, such peace officer shall be primarily liable for damages, and the cityor municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independentof any criminal proceedings, and a preponderance of evidence shall suffice to support such action.


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

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

Article 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural andprobable consequences of the act or omission complained of. It is not necessary that such damages have beenforeseen or could have reasonably been foreseen by the defendant.


Article 2205. Damages may be recovered:

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

Article 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least threethousand pesos, even though there may have been mitigating circumstances. In addition:

(1)The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shallbe paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by thecourt, unless the deceased on account of permanent physical disability not caused by the defendant, hadno earning capacity at the time of his death;


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(2) If the deceased was obliged to give support according to the provisions of article 291, the recipient whois not an heir called to the decedent's inheritance by the law of testate or intestate succession, maydemand support from the person causing the death, for a period not exceeding five years, the exactduration to be fixed by the court;

(3)The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moraldamages for mental anguish by reason of the death of the deceased.

16. Article 2208

Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs,cannot be recovered, except:

1. When exemplary damages are awarded;2. When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to

incur expenses to protect his interest;3. In criminal cases of malicious prosecution against the plaintiff;4. In case of a clearly unfounded civil action or proceeding against the plaintiff;5. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid,

just and demandable claim;6. In actions for legal support;7. In actions for the recovery of wages of household helpers, laborers and skilled workers;8. In actions for indemnity under workmen's compensation and employer's liability laws;9. In a separate civil action to recover civil liability arising from a crime;10.When at least double judicial costs are awarded;11.In any other case where the court deems it just and equitable that attorney's fees and expenses of

litigation should be recovered.

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

17. Article 2219

Article 2219. Moral damages may be recovered in the following and analogous cases:1. A criminal offense resulting in physical injuries;2. Quasi-delicts causing physical injuries;3. Seduction, abduction, rape, or other lascivious acts;4. Adultery or concubinage;5. Illegal or arbitrary detention or arrest;6. Illegal search;7. Libel, slander or any other form of defamation;8. Malicious prosecution;9. Acts mentioned in article 309;10.Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

18. Articles 2221, 2222, and 2223

Article 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violatedor invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying theplaintiff for any loss suffered by him.

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

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


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Article 2224. Temperate or moderate damages, which are more than nominal but less than compensatorydamages, may be recovered when the court finds that some pecuniary loss has been suffered but its amountcannot, from the nature of the case, be provided with certainty.

Article 2225.Temperate damages must be reasonable under the circumstances.

20. Articles 2230, 2231, and 2232

Article 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when thecrime was committed with one or more aggravating circumstances. Such damages are separate and distinct fromfines and shall be paid to the offended party.

Article 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.

Article 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendantacted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.


Article 2234.While the amount of the exemplary damages need not be proved, the plaintiff must show that heis 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 damages have 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, theplaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for thestipulation for liquidated damages.

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


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

Article 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damagesunder circumstances other than the case referred to in the preceding article, as in the following instances:

(1)That the plaintiff himself has contravened the terms of the contract;(2)That the plaintiff has derived some benefit as a result of the contract;(3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of

counsel;(4)That the loss would have resulted in any event;(5)That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury.

provisions for torts fishbowl.docx

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