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7/26/2019 Torts and Damages Finals Coverage

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NUISANCE

Art. 694. A nuisance is any act, omission, establishment, business, condition

of property, or anything else which: (ISOHA)

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

() Annoys or o!ends the senses; or

(") #hoc$s, de%es or disregards decency or morality; or(&) 'bstructs or interferes with the free passage of any public highway or

street, or any body of water; () inders or impairs the use of property.

Art. 695. *uisance is either public or pri+ate. A public nuisance a!ects a

community or neighborhood or any considerable number of persons,

although the etent of the annoyance, danger or damage upon indi+iduals

may be une-ual. A pri+ate nuisance is one that is not included in the

foregoing de%nition.

Art. 696. +ery successi+e owner or possessor of property who fails or

refuses to abate a nuisance in that property started by a former owner or

possessor is liable therefor in the same manner as the one who created it.Art. 697. /he abatement of a nuisance does not preclude the right of any

person injured to reco+er damages for its past eistence.

Art. 698. 0apse of time cannot legalie any nuisance, whether public or

pri+ate.

Art. 699. /he remedies against a public nuisance are:

(1) A prosecution under the 2enal 3ode or any local ordinance: or

() A ci+il action; or

(") Abatement, without judicial proceedings.

Art. 700. /he district health o4cer shall ta$e care that one or all of the

remedies against a public nuisance are a+ailed of.Art. 701. If a ci+il action is brought by reason of the maintenance of a public

nuisance, such action shall be commenced by the city or municipal mayor.

Art. 702./he district health o4cer shall determine whether or not

abatement, without judicial proceedings, is the best remedy against a public

nuisance.

Art. 703. A pri+ate person may %le an action on account of a public

nuisance, if it is especially injurious to himself.

Art. 704. Any pri+ate person may abate a public nuisance which is

especially injurious to him by remo+ing, or if necessary, by destroying the

thing which constitutes the same, without committing a breach of the peace,or doing unnecessary injury. 5ut it is necessary:

(1) /hat demand be %rst made upon the owner or possessor of the property

to abate the nuisance;

() /hat such demand has been rejected;

(") /hat the abatement be appro+ed by the district health o4cer and

eecuted with the assistance of the local police; and


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(&) /hat the +alue of the destruction does not eceed three thousand pesos.

Art. 705. /he remedies against a pri+ate nuisance are:

(1) A ci+il action; or

() Abatement, without judicial proceedings.Art. 706. Any person injured by a pri+ate nuisance may abate it by

remo+ing, or if necessary, by destroying the thing which constitutes the

nuisance, without committing a breach of the peace or doing unnecessary

injury. owe+er, it is indispensable that the procedure for etrajudicial

abatement of a public nuisance by a pri+ate person be followed.

Art. 707. A pri+ate person or a public o4cial etra judicially abating a

nuisance shall be liable for damages:

(1) If he causes unnecessary injury; or

() If an alleged nuisance is later declared by the courts to be not a real

nuisance./itle 67III. 8 9AA#Art. 2195. /he pro+isions of this /itle shall be respecti+ely applicable to all

obligations mentioned in Article 11ict with this 3ode.

Art. 2197. 9amages may be:

(1) Actual or compensatory;() oral;

(") *ominal;

(&) /emperate or moderate;

() 0i-uidated; or

(?) emplary or correcti+e.

Art. 2198. /he principles of the general law on damages are hereby adopted

insofar as they are not inconsistent with this 3ode.

CHAPTER 2 ACTUAL OR COMPENSATORY AMA!ES

Art. 2199. cept as pro+ided by law or by stipulation, one is entitled to an

ade-uate compensation only for such pecuniary loss su!ered by him as hehas duly pro+ed. #uch compensation is referred to as actual or compensatory

damages.

Art. 2200. Indemni%cation for damages shall comprehend not only the +alue

of the loss su!ered, but also that of the pro%ts which the obligee failed to

obtain. (11@?)


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Art. 2201. In contracts and -uasi8contracts, the damages for which the

obligor who acted in good faith is liable shall be those that are the natural

and probable conse-uences of the breach of the obligation, and which the

parties ha+e foreseen or could ha+e reasonably foreseen at the time the

obligation was constituted.

In case of fraud, bad faith, malice or wanton attitude, the obligor shall beresponsible for all damages which may be reasonably attributed to the non8

performance of the obligation. (11@


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person who has +iolated the contract. If the amount paid by the insurance

company does not fully co+er the injury or loss, the aggrie+ed party shall be

entitled to reco+er the de%ciency from the person causing the loss or injury.

Art. 2208. In the absence of stipulation, attorneyBs fees and epenses of

litigation, other than judicial costs, cannot be reco+ered, ecept:

(1) Dhen eemplary damages are awarded;() Dhen the defendantBs act or omission has compelled the plainti! to

litigate with third persons or to incur epenses to protect his interest;

(") In criminal cases of malicious prosecution against the plainti!;

(&) In case of a clearly unfounded ci+il action or proceeding against the

plainti!;

() Dhere the defendant acted in gross and e+ident bad faith in refusing to

satisfy the plainti!Bs plainly +alid, just and demandable claim;

(?) In actions for legal support;

(


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(1) /hat the plainti! himself has contra+ened the terms of the contract;

() /hat the plainti! has deri+ed some bene%t as a result of the contract;

(") In cases where eemplary damages are to be awarded, that the

defendant acted upon the ad+ice of counsel;

(&) /hat the loss would ha+e resulted in any e+ent;

() /hat since the %ling of the action, the defendant has done his best tolessen the plainti!Bs loss or injury.

CHAPTER 3 OTHER "INS O# AMA!ES

Art. 2216. *o proof of pecuniary loss is necessary in order that moral,

nominal, temperate, li-uidated or eemplary damages, may be adjudicated.

/he assessment of such damages, ecept li-uidated ones, is left to the

discretion of the court, according to the circumstances of each case.

SECTION 1. $ M%r&' &&*+

Art. 2217. oral damages include physical su!ering, mental anguish, fright,

serious aniety, besmirched reputation, wounded feelings, moral shoc$,

social humiliation, and similar injury. /hough incapable of pecuniarycomputation, moral damages may be reco+ered if they are the proimate

result of the defendantBs wrongful act for omission.

Art. 2218.In the adjudication of moral damages, the sentimental +alue of

property, real or personal, may be considered.

Art. 2219. oral damages may be reco+ered in the following and analogous

cases:

(1) A criminal o!ense resulting in physical injuries;

() Fuasi8delicts causing physical injuries;

(") #eduction, abduction, rape, or other lasci+ious acts;

(&) Adultery or concubinage;() Illegal or arbitrary detention or arrest;

(?) Illegal search;

(


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Art. 2221. *ominal damages are adjudicated in order that a right of the

plainti!, which has been +iolated or in+aded by the defendant, may be

+indicated or recognied, and not for the purpose of indemnifying the

plainti! for any loss su!ered by him.

Art. 2222. /he court may award nominal damages in e+ery obligation

arising from any source enumerated in Article 11


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Art. 2234. Dhile the amount of the eemplary damages need not be

pro+ed, the plainti! must show that he is entitled to moral, temperate or

compensatory damages before the court may consider the -uestion of

whether or not eemplary damages should be awarded. In case li-uidated

damages ha+e been agreed upon, although no proof of loss is necessary in

order that such li-uidated damages may be reco+ered, ne+ertheless, beforethe court may consider the -uestion of granting eemplary in addition to the

li-uidated damages, the plainti! must show that he would be entitled to

moral, temperate or compensatory damages were it not for the stipulation

for li-uidated damages.

Art. 2235. A stipulation whereby eemplary damages are renounced in

ad+ance shall be null and +oid.

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