Professional Documents
Culture Documents
NOVEMBER 24
A tooth for a tooth, an eye for an eye. That is the law of retaliation
and what it actually says is that when there is offense occasioned upon
a particular individual, there should be an exact reciprocity of what
should be a recompense for such an offense. So if you lose a tooth,
you get a tooth. You prick an eye, your eye should be pricked. When
you kill somebody, you should be killed.
Particularly, for example, for Filipinos. Have you heard of this Code of
Kalantiaw? Which was in the early part of the century was actually
debunked as a hoax. Did you know about that? The Code of Kalantiaw
is fictitious. Its not true. But Article 1 of the Code of Kalantiaw
succinctly tells you that You shall not kill, otherwise you shall be put
to death. Kung makapatay ka, patyon pud ka. That is what reciprocity
is.
Now practically every legal system that evolved while human society
has evolved has the same kind of principle: A tooth for a tooth, an eye
for an eye. But the problem with the law on exact reciprocity is that it
fails to take account certain factors which ought to be considered or at
least, according to the early societies, should be considered in meting
out penalty. Say for example, a slave is killed by a freeman or a
freeman, conversely, would be killed by a slave. According to earlier
civilizations, there has to be some graduation of penalties because
whether you like or not, before, a slave has a lesser status than a man
who is free. And you can even find that in one of the oldest
codifications of law in what weve known to be the Code of
Hammurabi.
So that principle is flawed, and therefore, you cannot expect exact
reciprocity for an offense and a recompense or penalty for that
offense. But not to look at these rules to be an (???). Better the law to
punish those transgressors than man putting the law on his own
hands. And of course, remember that if we talk about exact
reciprocity, it has a barbaric (???). Kung makapatay ka, patyon pud ka.
Kung logoson ka, logoson pud ka? Tama ba na?
Well anyway, later on, of course in order to regulate vengeance upon
its citizens, (???) prompting now to shift the supposed penalty for an
offense into something that we now recognize today which they called
a talio which is payment for damages that are occasioned by an
omission of another. And later on as a further development, the AngloSaxons developed what is known to be a weregind or blood money.
Makapatay ka, bayari. Pwede.
Now despite these changes about history including, of course,
Philippine Law, the basic formula remains the same up to this date. For
every wrong, there must be commensurate compensation. Remember
that the basis for all these laws being developed is for purpose of
regulating vengeance to ensure that human beings do not put the law
into their own hands lest there will be chaos, lest the social order will
be entirely destroyed by anarchy. So imagine an early civilization, for
example. If you kill somebody, of course, that can be lawfully classified
as a crime. If you steal, because there is criminal intent, that, of
course, can be lawfully classified as a crime. Kung naa kay utang, of
course you have to pay that but that cannot be classified as a crime.
In fact, most Constitutions all over the world already outlawed the
penalty imprisonment for nonpayment of debt. Diba No person shall
be imprisoned for nonpayment of debt and nonpayment of poll tax.
Mao na ang nakabutang sa atong Constitution although the term poll
tax is no longer used. So on one hand, you have crimes. On the other
hand, you have civil wrongs which can be the basis of a civil action in
court. But is there something that lingers in the middle? It can be a
crime, or it can be a mere civil wrong. And sometimes it is difficult to
define. And being creatures of the law, being students of the law, we
know for a fact that human wisdom is finite. Do you expect the
legislature to be able to supply particulars or to foresee every situation
where a law might possibly be violated? Can the legislature ever
prepare for every wrong that might be occasioned in the interactions
between one man with his neighbor? Of course we cant. Human as we
are, wisdom is finite.
So there are certain classes of wrongs that may not necessarily fit into
the definition of what is crime of the definition of a mere civil injury.
And now we come to what that thing is and that is the concept of
(???). Ordinarily, we understand it to be something which is not
usually regulated by Civil Law and also something that is not usually
regulated by Criminal law that you have to develop a specialized set of
rules designed specifically to cover these transgressions, to cover such
lapses in the action and transgressions in human conduct.
Now the subject of course is Torts and Damages. When you hear the
word Tort, what comes to mind? You know what? Torts and
Damages is not something unfamiliar to you. By way of review, lets
try to recall what weve learned from 1st year to 2nd year and the
early part of 3rd year. Do you remember Article 1156 of the NCC which
defines an obligation?
ART. 1156. An obligation is a juridical necessity to give, to do or not
to do.
And then followed by Article 1157:
Law;
Contracts;
Quasi-contracts;
Acts or omissions punished by law; and
Quasi-delicts. (1089a)
3.
4.
Now perhaps, what we are most unfamiliar with would be the concept
of Quasi Delict which is the main tort discussed in Tort Law. If you
dont mind, let me ask somebody (Sir calls student)
Atty. E: When have you first learned about Quasi Delict?
Student: In Obligations and Contract, sir
Atty. E: Obligations & Contracts and particularly I think 1157 of the
Civil Code diba which enumerates the different sources of obligations.
Now can you illustrate a quasi delict for me according to what you
recall. Because this is part of your stock knowledge. What is an
example?
Student: Example is negligence of a person, sir
Atty E: Be more specific
Student: For example, I was negligent in driving my car and I bumped
another person
Atty E: So, its quasi-delict right? Now when you were on obligations
and contracts, do you know the type of obligation involved in quasi
delict?
Student: No, sir.
Atty E: You dont? In that example you gave, what is the obligation
involved?
Student: The obligation involved, sir, is the obligation to pay whatever
damages
Atty E: If you caused damage. So is it fair to assume that had you not
bumped anybody, had you not caused injury to him, you wont be
paying anything?
Student: Yes, sir
Atty. E: And therefore, the liability involved in quasi-delict would be if
you committed something because of negligence.
If we go back again, the definition of an obligation is a juridical
necessity to give, to do, or not to do. And therefore the only thing that
a civil obligation can compel you to perform would be either the doing
of an act, the not doing an act or giving of something. Real and
personal obligations. When we talk about an obligation to give, that is
a real obligation. When we talk about to do or not to do, that is a
personal obligation.
Do you remember the importance of the distinction? Can you compel
somebody to give something? Is there a legal remedy that would be
the sanction for you if you do not comply with your obligation to give?
Yes, you can be compelled by specific performance. But if you omitted
in doing an obligation to do, will you be compelled by specific
performance? No, because that would be tantamount to a violation of
the Constitutional proscription against involuntary servitude. So I hire
you, for example, to paint my house. You did not do it. You began but
you told me I will not paint your house anymore kay gitamad ko. Can
I compel you? Of course not because that would now be involuntary
servitude.
Now take note of the term Juridical Necessity. Why juridical
necessity? Because if you do not perform it, naay silot. There is a legal
or judicial sanction. Unsa man ning mga sanction na ni? Now in
modern times, the sanction is simply youll be obliged to pay damages
or you can be made to perform what you promised to perform. But in
olden times, mas weird. I always, for illustration purposes, liken an
obligation to an oath. So help me God diba? Pero kung imo ng itranslate to layman, what would that be. Promise, buhaton nako
makilatan pa ko. Simply, its an oath with a curse. A curse that
something bad might happen to you if you do not perform your
obligation. Karon, civil obligation, if you do not perform them, then
youll simply be sanctioned.
2
Thats tort under Art. 2176 on the one hand. On the other hand, we
also discussed the principle of abuse of rights when you abuse your
right under the law on human relations, you can also be held liable for
a tort. And what are the requisites of the abuse of rights? The case of
SEBRENO vs. CA, March 26, 2014 which said that the elements of
abuse of rights are:
1.
2.
3.
Now, given the requisites of 2176 and also the requisites for abuse of
rights, are there commonalities apart from the fact that abuse of rights
and 2176 are both torts?
1.
In Art. 2176, its required that there should be no preexisting contractual relationship between the parties.
Whereas in abuse of rights, from what weve learned in
sales, I think its the case of Adelfa vs CA, where the SC
ruled that if you interfere with the contractual relations of
others, you will be held liable for damages under the
principle of abuse of rights. So possible na in abuse of right
situation, theres a contract which is one that is not covered
in 2176. In fact, the SC added in Sesbreno vs. CA that
there is no hard and fast rule that can be applied to
ascertain whether or not the principle of abuse of rights can
be invoked. And the resolution of the issue depends on the
circumstances of each case.
Thats a felony right? But later on, well learn that you can also
prosecute a person who commits Art. 365 under Art. 2176 (NCC). Unsa
ba jud? Is it a crime or a tort? Or is it both? Pwede. What the law
prohibits is for the plaintiff to recover twice for the same act or
omission. You are defamed or slandered by your neighbor: Bigaon ka!
Pangit! Syempre na-hurt imong feelings. So what is that? Defamation
or Slander. Thats a crime diba? But can also be prosecuted under Art.
26 of NCC.
Article 26. Every person shall respect the dignity, personality, privacy
and peace of mind of his neighbors and other persons. The following
and similar acts, though they may not constitute a criminal offense,
shall produce 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.
Kindly take a look at Art. 699 of the NCC.
What are the injuries that we are talking about? Were not talking
about physical injuries. We are talking about non-physical injuries or
moral injuries. And, therefore, tort is not limited to the fact na
nasamaran ka. Na nabun-og ka, na nabanggaan ka. It also covers
injury not only to your body but also to your right. And these are nonphysical injury.
How do we categorize torts specifically in Philippine law? In Philippine
law, we can categorize torts in a number of ways:
1.
2.
Why is there a need for tort law? According to a 1951 work, The Aims
Of The Law Of Tort, the author Glanville Williams saw four possible
bases on which different torts rested:
1.
2.
offenses defined therein) and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or lack of skill.
And that would constitute the remaining point something of the RPC
regarding quasi-offenses or those that would arise out of criminal
negligence or imprudence. So lets go back to our basic assumption
earlier on that the term quasi-delict is a misnomer because in the
Philippines do not necessarily mean that they are almost crimes. Its
either that the common conception of the quasi delict is that it is not
supposed to be a criminal offense because what we are dealing here
are acts or omissions that are attended by fault or negligence which is
only a certain portion of the crimes punishable under the RPC. So in
other words, If an act which causes damages to another is committed
with intent to cause such damage then thats no longer supposed to be
a quasi-delict but rather it is treated as a crime. So parasaakua it is
really a misnomer.
Now what is the obligation involved in quasi-delicts? Some
commentators, including your favoriteBenjieParas (basketball
player???), note that that the obligation involved in a quasi-delict is
the obligation to be careful. And I always contended that based on Art.
2176, that is not the obligation involved because the law provides that
Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. That
is
the
obligation
involved
in
quasi-delict.
Wala
man
balaodnanagaingonnadilikinahanglangmagdinahag. No law would tell
you that because that is personal in the actor. So in other words, it is
the fact that the damage was caused by fault or negligence which
gives rise to an obligation under art. 2176. Without any act or omission
which causes damage there is no obligation to speak of. There is no
obligation which arises. The obligation involves in art. 2176 is a real
obligation obligation to give which is to pay for the damage done.
Now how do we distinguish a quasi-delict from tort? Mind you, this
question is asked in the Bar Examination some years ago. We know
because we have already discussed the general concept of tort.
Quasi-delict
Limited to those acts which are
governed by arts. 2176-2194 of
the CC but the main law would be
art. 2176
Strictly a concept of Civil Law a
Roman Law concept
Tort
In Philippine Law, include quasidelicts, violations of the law on
human relations as well as
nuisance which we learned in
Property
Originally a concept of Common
Law
3.
4.
5.
Quantum of
Proof
Preponderance of
Evidence
Burden
Proof
Debtorforas
long as
theresproof
thatthere
wasa
contractand
it
wasnotperformed
and
it
isthedebtorsduty
to
prove thathe was
not
negligent.
Not a proper or
complete defense
but may mitigate
damages.
The Victim - he
has to prove
the negligence
of
the
defendant.
This is because
his action is
based on the
alleged
negligence on
the part of the
defendant.
Proper
and
complete
defense.
CF
with
Article
2180
on
Vicarious
Liability
Type of right
violated
Private
right
but based on
law and not on
contract.
(accidents)
Remedies
Specific
Performance or
Rescission
with
damages based
on Article 1170
read
together
with Article 1191
Action
for
Damages
under Article
2176
of
Based on what we know so far, there are 3 basic types of culpa that
can be used as basis for personal injury actions, namely:
(1) Culpa acquiliana;
(2) Culpa contractual; and
(3) Culpa criminal.
Take note of the distinctions between these concepts. Take note of the
table.
(TN: table taken from last years class tsn. Sir did not discuss the
distinctions.)
Culpa
Culpaacquilia Culpa
contractual
na
criminal
As to the
Negligence
is Negligence is Negligence is
characterizati merely
direct,
direct,
on
Incidental to the
substantive
Substantive
of negligence performance
of and
andindepende
an
obligation independent of nt of contract.
already existing contract.
because of
It
can
be
contract.
committed
(Art. 1170)
despite
the
When negligence fact that
the performance there is no
of
the contract.
obligation,it
entitles
the other party to
damages.
As to the There is a pre- No pre-existing There is no
existence of
existing
obligation
pre-existing
obligation
obligation based except
Obligation
on
perhaps
that except the
contract
you have to be duty not to
careful in all harm others
your
or to commit a
(actuations?)
crime.
which is a
product
of
natural law,
not
any
positive law.
Theres no law
that tells
you
to
be
careful
specifically.You
dont have to
betold to be
careful.
Preponderance
of
Evidence
Whether the
Diligence of
a
Good
Father of a
Family
can
be a defense
Proof Beyond
Reasonable
Doubt despite
being
Prosecuted
under Article
365 of the Civil
Code for
aquasioffense.
Prosecution
initially,
because
the
accused
is
innocent until
proven guilty.
Necessity of proving negligence. This is very very important in a quasidelict case. Unless you are able to prove by a preponderance of
negligence that there was negligence on the part of the defendant,
then the plaintiff cannot recover. However, since negligence in certain
cases is hard to prove. We apply the doctrine ofres ipsaloquitor or
13
Africa v. Caltex
here are three requisites for admissibility under the rule just
mentioned: (a) that the entry was made by a public officer, or by
another person specially enjoined by law to do so; (b) that it was
made by the public officer in the performance of his duties, or by such
other person in the performance of a duty specially enjoined by law;
and (c) that the public officer or other person had sufficient knowledge
of the facts by him stated, which must have been acquired by him
personally or through official information (Moran, Comments on the
Rules of Court, Vol. 3 [1957] p. 398).
Of the three requisites just stated, only the last need be considered
here. This is a very very old case. A 1966 case.
December 15, 2014
Last meeting, weve talked about quasi-delicts. Of course, when we
talk about quasi-delict, in general, were talking about Article 2176 of
the Civil Code, which is the only codal provision which I trust you are
very familiar with already. Take note that in jurisprudence, the
traditional elements of a quasi-delict are five although in recent cases
there are three are only three requisites, these are the minimum
requisites in order for a quasi-delicts to exist but just go over these
traditional elements:
1.
2.
3.
4.
5.
2.
Remember that you can also sue for damages as a separate action and
not necessarily an additional prayer in an action, lets say, for specific
performance or rescission. Remember in your civil procedure that in a
case purely for damages what would be the determinant of
jurisdiction? The amount of damages claimed such that if the amount
of damages exceeds P 300,000 in Davao, for example, where does the
jurisdiction lie? In the RTC. OK?
14
**RECITATION
Air France vs Carrascoso
Is there a breach of contract of carriage here? YES! Remember that in
transportation law, you should get what you paid. In this case, he paid
for first class accommodation, so why was he in tourist class from
Bangkok to Rome? Thats the reason why there was a breach of
contract of carriage.
Did he sue? What was the basis of his suit? He sued on the basis of
culpa contractual.
But I have a problem with the ruling of the SC. I am not saying that
this is not good law. I am saying that the SC might have a wrong
pronouncement in terms of nomenclature, why? According to the SC,
the quasi-delict is based on article 21 but is that a quasi-delict? Article
21 does not make up a quasi-delict but rather, in general terms, a tort
because a quasi-delict under article 2176 requires negligence. In this
case, the supposed quasi-delict was not attended by negligence,
whatsoever, rather it is an act committed with intent.
Lets go to the next case
Coca Cola vs. CA
What was the contention of the proprietress in this case? It has not yet
prescribed because the action can be brought within years, and not 6
months, under article 1146.
15
obligations under the enrolment contract. The SC said the payment for
the tickets is not included in the contract and therefore dili nimo
pwede i-withhold ang service sa student because of that types of fees.
How did the SC rule on that contractual issue? Is it culpa contractual
or culpa aquiliana? Is there quasi-delict or tort in general? What was
the basis?
The SC ruled na mali ang pagka-dismiss. This case is not dismissible
on the ground that there is a contract and she is asking for damages
by way of tort. The SC even made a very nice discussion here relating
to academic freedom citing the case of Non v. Dames from your
political law.
What constitutes academic freedom? The SC here said that it is not a
cause of action. Academic freedom is not a defense because it is very
limited. The school can actually lay down what it will teach, how it will
teach, who will teach and who may be admitted to study. You cannot
use academic freedom to collect fees. Thats not at all related to
academic freedom.
Take note that in this case, the SC used the term tort to describe the
willful acts of the school and teacher. It did not use the term quasidelict.
First Issue
The first one is with respect to the issue of exhaustion of remedies. Its
a little bit out of topic what Pangasinan Colleges is saying is You are
not allowed to file a case for damages before the court because this is
an administrative matter. You are actually filing this case to cause a
reversal of the policy of Pangasinan Colleges the policy of no
payment of ticket, no final exam. According to Pangasinan Colleges,
you have to file this before the CHED.
The SC said NO, what she is asking is for damages and not for a
reversal of the policy. She is no longer enrolled with Pangasinan
Colleges, thats what the SC said. Besides, the CHED cannot award
damages, it has no jurisdiction to do so.
Second Issue
The second one is with respect to the contract issue between Regino
and Pangasinan Colleges. What did the SC said? Was there a contract
between Regino and Pangasinan Colleges?
According to the SC, a contract between the school and the student is
actually two-way, its reciprocal. The school has obligations to its
students, the students have their obligations against the school. When
you enroll, you will be told what fees you are to pay. If you fail to pay
these fees, the school can actually refuse to continue performing its
Columbia here engaged the services of Glodel for the release and
withdrawal of its cargoes from the pier and subsequent delivery to its
warehouse. Glodel, in turn, engaged the services of Loadmasters for
the use of its delivery truck to transport the cargoes to the warehouse
in Bulacan and Valenzuela City. There were 6 trucks, 5 of them arrived
with the cargo, 1 of them, I dont know may be hi-jacked, wala
nadeliver. The cargo that was not delivered amounted to P 2M. So, R
& B insurance paid Columbia the amount of P 1.8M as insurance
indemnity. Remember that there is this right of subrogation granted to
insurance companies, if you pay, you are now subrogated to the rights
of the plaintiff to recover whatever it is that was paid. The insurance
filed a case for damages against, both, Loadmasters and Glodel, it
sought the reimbursement of the amount it paid to Columbia for the
loss of the subject cargo claiming that it had been subrogated to the
right of the consignee to recover from the party or parties who may be
held legally liable for the loss.
Now, Columbia has a contract with Glodel. Glodel, on the other hand,
sub-contracted with Loadmasters. So, if were talking about contractual
privity here, theres contractual privity between Columbia and Glodel,
theres also contractual privity between Glodel and Loadmasters BUT
nothing between Columbia and Loadmasters. To complicate this a little
bit further, there is also contractual privity between R&B and Glodel,
ok?
Would a breach of contract on the part of Glodel be considered a
breach of contract on the part of Loadmasters? NO! The principle of
relativity of contract governs. The contract takes effect only between
the contracting parties, their heirs and assigns. Remember the
exception, the exception of stipulations pour autrui which requires
acceptance of benefits under the contract for you to also make the
contract apply to the third persons. In this case, there is not such
stipulation. How did the SC rule? Both of them are jointly and severally
liable to R&B Insurance for the loss of the subject cargo. Under Article
16
I think we already discussed this when we are talking about the case
of Dulay vs CA. Remember the lawyer who had an argument with the
security guard, this is art 2177. what you need to remember is that
sometimes an act can be both culpa contractual and culpa aquiliana
and culpa aquiliana and culpa criminal, in fact there are instances
where all these culpa( culpa contractual, culpa aquiliana, culpa
criminal) might coincide in the same set of facts. For example, A was
riding a bus owned by X. B was riding the jeepney owned by Y.
Nagbangga ang duha, but remember with respect to the passenger A,
A will not have any cause of action for breach of contract against Y
because wa man siya ngsakay sa jeep, nagsakay man siya sa bus. The
same thing can be said with B. Wa pod siyay contract with X bus
company. So in that set of facts, there can be culpa aquiliana, there
can be culpa contractual and based on Art 2177, there can also be
culpa criminal because this can be considered a quasi-offense
depending of which of the two common carriers is liable in the case.
Take note that while a single act be both constitute culpa aquiliana
and culpa criminal, you can actually sue on the basis of these two
types of culpa. What the law however proscribes is for the plaintiff to
recover damages twice for the same act or omission.
-You can file independent civil action for culpa aquiliana or quasi delict
-you can also file a criminal action on the basis of Art 365 of the RPC,
you can do that.
What if you are awarded damages in the civil case and you are also
awarded damages in the criminal case? Is that allowed by law?
Yes. Actually it's allowed but there is a limitation on what you can
recover. You cannot recover twice. Let's say for example, there is this
guy, nabanggaan og jeep leading to his right leg to be amputated. So
he filed a criminal action against the driver. Daog-awarded damages.
In the independent civil action, also awarded damages. Pero pila ka tiil
ang naputol? Isa lang. Can you recover twice by ___ your other leg?
You can't. Paputol nalang pod nako para duha akong madawat. No,
you cannot do that. So what the law proscribes is double-recovery. But
double filing, no problem.
Now take that when there is an award in the criminal case and also an
award of damages in the civil case, the plaintiff or the complainant can
recover whichever is higher of the two amounts. There is no
prohibition, pwede marecover ang higher amount.
Nothing much there, you already know what is art 1172 to 1174. So I
think there is no need for us to review, although 1174, we will be
discussing that in a little bit when we talk about fortuitous event (force
majeure).
Article 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. (n)
Remember that when you abuse your right, your right ends. And
therefore, even if you are simply exercising your right over the
property or the right to be of some place, if you abuse it, you can still
be held liable for damages. That's the premise under art 19.
Another one is the Sic Utere Principle in common law. Sic Utere
Tuo Ut Alienum Non Laedas- use your property so as not to injure
another. That we will be learning more of when we talk about
Nuisances.
3. A person over nine years of age and under fifteen, unless he has
acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of
this Code.
When such minor is adjudged to be criminally irresponsible, the
court, in conformably with the provisions of this and the preceding
paragraph, shall commit him to the care and custody of his family
who shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some institution or
person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of
causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear
of an equal or greater injury.
7. Any person who fails to perform an act required by law, when
prevented by some lawful insuperable cause.
Also in Civil law, we have Art 429 of the CC,where there maybe
damage or injury to property but there is no liability.This is the
Doctrine of Self-Help. 429- The doctrine of self-defense of property in
the law of property.
Article 429. The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably necessary to
repel or prevent an actual or threatened unlawful physical invasion or
usurpation of his property. (n)
Why? Because you are just exercising your right as property owner,
you are justified. Any damage or injury that might come in the
occasion of the legitimate exercise of a right or the performance of an
act which you have, under the law, every right to perform is not
actionable.
But
that
is
not
unlimited.
First, you have this principle of Abuse of Rights from Art 19 of the
CC
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.
*recitation*
What happened?
How do you describe the type of membership here?
It is exclusive.
Was his ballot rejected?
Yes
What takes place here is the fact that a persons application is the fact
that a persons application can be rejected by mere majority of
members.
How did the Supreme Court rule about the plight of the applicant in
this case?
CEBU COUNTRY CLUB, INC., SABINO R. DAPAT, RUBEN
D. ALMENDRAS, JULIUS Z. NERI, DOUGLAS L. LUYM,
CESAR T. LIBI, RAMONTITO* E. GARCIA and JOSE B.
SALA v. RICARDO F. ELIZAGAQUE | G.R. No. 160273,
January 18, 2008 |
Cebu Country Club, Inc. (CCCI), petitioner, is a domestic
corporation operating as a non-profit and non-stock private
membership club, having its principal place of business in
Banilad, Cebu City. Petitioners herein are members of its Board
of Directors.
Sometime in 1987, San Miguel Corporation (SMC), a special
company proprietary member of CCCI, designated respondent
Ricardo F. Elizagaque, its Senior Vice President and Operations
Manager for the Visayas and Mindanao, as a special nonproprietary
member. The designation was thereafter approved
by the CCCIs Board of Directors.
In 1996, respondent filed with CCCI an application for
proprietary membership. The application was indorsed by
CCCIs two (2) proprietary members, namely: Edmundo T. Misa
and Silvano Ludo.
As the price of a proprietary share was around the P5 million
range, Benito Unchuan, then president of CCCI, offered to sell
respondent a share for only P3.5 million. Respondent, however,
purchased the share of a certain Dr. Butalid for only P3 million.
Consequently, on September 6, 1996, CCCI issued Proprietary
Ownership Certificate No. 1446 to respondent.
But the fact that the Espejo and Zaldarriaga' interference with
the Gilchrist contract was actionable did not of itself entitle
Gilchrist to sue out an injunction against them.
The problem with Cebu Country Club is somehow the applicant here
was left in the dark not knowing whats going on. What was the
reason why he was being rejected. Here, there was some breach of
bad faith which led to damages in this case.
Defenses in quasi-delicts cases would include that the plaintiffs own
negligence is the proximate cause of his own loss. So, when the
plaintiffs own negligence was the immediate and proximate cause of
his injury, he cannot recover damages under Article 2179. Take note
that, that is a complete defense. Why? Because there is no causal
connection between the fault and negligence or negligence and the
damage.
So, the question therefore is unsa ning proximate casuse? What is
meant by proximate cause? And for that, we have the case of Bataclan
vs. Medina. How did the Supreme Court define proximate cause in this
case? Proximate cause is that cause, which, in natural and
continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result
would not have occurred. To my mind its a matter of remembering
this definition. The proximate legal cause is that acting first and
producing the injury, either immediately or by setting other
events in motion, all constituting a natural and continuous
chain of events, each having a close causal connection with its
immediate predecessor, the final event in the chain
immediately effecting the injury as a natural and probable
result of the cause which first acted, under such
circumstances that the person responsible for the first event
should, as an ordinary prudent and intelligent person, have
reasonable ground to expect at the moment of his act or
default that an injury to some person might probably result
therefrom. So, that is another way to say proximate cause.
and
Here the plaintiff driving along the highway swerved his car to the left
and approached the opposite lane ____ two children. His car was hit
by a speeding truck coming from the opposite direction. Of course, the
plaintiff sued the driver of the truck. How did the Supreme Court here
rule regarding proximate cause and efficient intervening cause? The
efficient intervening cause is the negligence of the defendant.
Meaning, kadtong nakabangga. The plaintiff here may have been
negligent when in the act of swerving to avoid two crossing children,
he may have been negligent in that regard, and was the initial act in
the chain of events, it cannot be said that the same caused the
eventual injuries and deaths because of the occurrence of a sufficient
intervening event, the negligent act of the truck driver. Here, we are
introduced to a situation where in a quasi-delicts case, not only is the
defendant negligent but plaintiff in turn can also be negligent. So,
negligence of both parties, the plaintiff and defendant can concur in
one case. And that is when we need to apply the different rules and
principles relating to comparative negligence.
Take note, in Bataclan, the first cause is the over speeding of the bus
driver causing the bus to turn turtle. That was still considered a
proximate cause despite the fact that the people who tried to rescue
set fire to the bus. Kadtong nagdala sila ug torches. In McKee, the first
cause which is the swerving to avoid the two children was not
considered a proximate cause. Take note that in McKee the Supreme
Court applied the so called Emergency Rule as follows "one who
suddenly finds himself in a place of danger, and is required to act
without time to consider the best means that may be adopted to avoid
the impending danger, is not guilty of negligence, if he fails to adopt
what subsequently and upon reflection may appear to have been a
better method, unless the emergency in which he finds himself is
brought about by his own negligence." The law considers you that in
an emergency that your ability to think clearly is impaired. Everything
that you do in an emergency is instantaneous. Nobody pauses. The
only exception is that something that you yourself as defendant has
23
Calalas vs. CA
*recitation*
How did the Supreme Court rule?
What did the Supreme Court say relating to the doctrine of proximate
cause in this case of Calalas?
VICENTE CALALAS vs. CA | May 31, 2000
At 10 oclock in the morning of August 23, 1989, Eliza Jujeurche
G. Sunga, then a college freshman majoring in Physical
Education at the Siliman University, took a passenger jeepney
owned and operated by petitioner Vicente Calalas. As the
jeepney was filled to capacity of about 24 passengers, Sunga
was given by the conductor an "extension seat," a wooden stool
at the back of the door at the rear end of the vehicle.
On the way to Poblacion Sibulan, the jeepney stopped to let a
passenger off. As she was seated at the rear of the vehicle,
Sunga gave way to the outgoing passenger. Just as she was
doing so, an Isuzu truck driven by Iglecerio Verena and owned
by Francisco Salva bumped the left rear portion of the jeepney.
As a result, Sunga was injured. She sustained a fracture of the
"distal third of the left tibia-fibula with severe necrosis of the
underlying skin." Closed reduction of the fracture, long leg
circular casting, and case wedging were done under sedation.
Her confinement in the hospital lasted from August 23 to
September 7, 1989. Her attending physician, Dr. Danilo V.
Oligario, an orthopedic surgeon, certified she would remain on a
cast for a period of three months and would have to ambulate
in crutches during said period.
On October 9, 1989, Sunga filed a complaint for
damages against Calalas, alleging violation of the
contract of carriage by the former in failing to exercise
the diligence required of him as a common carrier.
Calalas, on the other hand, filed a third-party complaint
against Francisco Salva, the owner of the Isuzu truck.
RTC: The lower court rendered judgment against Salva as
third-party defendant and absolved Calalas of liability, holding
that it was the driver of the Isuzu truck who was responsible for
the accident.
CA: Ruling of the lower court was reversed on the ground that
the plaintiffs own negligence was the proximate cause of his injury, he
cannot recover based on the case of Taylor vs. Manila Electric
Company. Remember the case of the plastic cups? The plaintiffs in the
case of Taylor vs. Manila Electric Company cannot contend that there
was contributory negligence on the part of Manila because it just left
the plastic cups lying around. So, plaintiffs negligence was the
proximate cause of his injury, cannot recover. Next, if his negligence
was merely contributory, there is a mere mitigation of damages to be
awarded. Now, take note that it is a partial defense. Contributory
negligence. Its no longer an absolute bar to recovery. The defendant,
because of his lack of due care is still the immediate and proximate
cause of the injury is still ultimately liable without notification that his
liability to indemnify the plaintiff is ____.
Now, lets go the case of Jarco Marketing Corporation vs. CA.
*recitation*
What happened in this case of Jarco?
Jarco vs. CA | Dec. 1999
FACTS: Petitioner Jarco Marketing Corporation is the
owner of Syvels Department Store, Makati City. Petitioners
Leonardo Kong, Jose Tiope and Elisa Panelo are the
stores branch manager, operations manager, and supervisor,
respectively. Private respondents Conrado and Criselda
(CRISELDA) Aguilar are the parents of the victim, Zhieneth
Aguilar (ZHIENETH).
In the afternoon of 9 May 1983, CRISELDA (mother) and
ZHIENETH (daughter) were at the 2nd floor of Syvels
Department Store, Makati City.
CRISELDA was signing her credit card slip at the payment
and verification counter when she felt a sudden gust of
wind and heard a loud thud.
She looked behind her and then beheld her daughter was
on the floor, her young body pinned by the bulk of the
stores gift-wrapping counter/structure.
Although shocked, CRISELDA was quick to ask the
assistance of the people around in lifting the counter and
retrieving her daughter from the floor, and then quickly
rushed her to the Makati Medical Center where she was
operated on.
The next day her six-year-old daughter lost her speech and
died fourteen days after the accident.
After the burial of their daughter, private respondents
demanded upon petitioners the reimbursement of the
hospitalization, medical, wake and funeral expenses which
they had incurred.
Petitioners refused to pay. Consequently, private
respondents filed a complaint for damages.
Petitioners contention: Petitioners claimed that
CRISELDA was negligent in exercising care and diligence over her
daughter
by allowing her to freely roam around in a store filled with
glassware and appliances. ZHIENETH too, was guilty of
contributory negligence since she climbed the counter,
triggering its eventual collapse on her. Petitioners also
emphasized that the counter was made of sturdy wood with a
strong support; it never fell nor collapsed for the past fifteen
years since its construction. They maintained that it observed
the diligence of a good father of a family in the selection,
supervision and control of its employees.
Private respondents contention: Private respondents
asserted that ZHIENETH should be entitled to the conclusive
presumption that a child below nine years is incapable of
contributory negligence. And even if ZHIENETH, at six years
old, was already capable of contributory negligence, still it was
physically impossible for her to have propped herself on the
counter. She had a small frame (four feet high and seventy
pounds) and the counter was much higher and heavier than she
26
Okay, let me just tell it out to you. Dionisio was negligent because he
was running at a high speed. Phoenix was negligent because it was
just parked askew there blocking incoming traffic there. It was parked
askew apart from the fact that there were no early warning reflector
devices. Both of them were negligent. So, how is it that the Supreme
Court here adjudged Phoenix liable over Dioniso who was clearly also
negligent. Thats the question. Both of them were negligent but clearly
the negligence of Phoenix was the proximate cause of the loss or
injury while Dionisios negligence was merely contributory. And
therefore, based on Article 2179, it only serves to mitigate or lessen
the damages to be awarded.
Heres what the Supreme Court said because the contention of Phoenix
was passive condition lng man na. Dba something stationary, kung dili
man na banggaan, walay mahitabo. So they are saying, kadtong
nakabangga, mao naay sala.The Supreme Court said, NO! It is not a
passive condition but rather it is an indispensable and efficient cause.
The collision between the dump truck and the private respondents car
would in all probability not have occurred have the dump truck not
been parked askew without any warning lights or reflector devices. An
improper parking of the dump truck located at an unreasonable risk of
injury for anyone driving down the street and for having so created
this risk, the truck driver must be held responsible. In our view,
Dionisios negligence although later in point of time that the truck
drivers negligence and therefore closer to the accident was not an
efficient intervening cause. In other words, in this case, the first cause
was still the proximate cause. The first cause is nganong gi-park man
nimo na diha? Kay kung wala nimo na gi-park diha, walay bangga na
mahitabo. Thats what the Supreme Court is saying. Then the Supreme
Court here by way of ruling, mitigated the damages to be awarded to
Dionisio, because both of them are comparatively negligent. Their
negligence occurred in the same case. According to the Supreme
Court, we believe that the demands of substantial justice are satisfied
was fraught with risk, and would therefore have foreseen harm
to the horse and the rider as reasonable consequence of that
course. Under these circumstances the law imposed on the
Smith the duty to guard against the threatened harm.
It goes without saying that the plaintiff himself was not free
from fault, for he was guilty of antecedent negligence in
planting himself on the wrong side of the road. But as we have
already stated, Smith was also negligent; and in such case the
problem always is to discover which agent is immediately and
directly responsible. It will be noted that the negligent acts of
the two parties were not contemporaneous, since the
negligence of the defendant succeeded the negligence of the
plaintiff by an appreciable interval. Under these circumstances
the law is that the person who has the last fair chance to avoid
the impending harm and fails to do so is chargeable with the
consequences, without reference to the prior negligence of the
other party.
Here, the Supreme Court said that the law has said that the person
who has proved the last clear chance to avoid the intending harm but
fails to do so is chargeable with the consequences without reference to
the prior negligence of the other party. So in the case of Picart vs.
Smith, remember the facts. Smith was at the right lane. The bridge is
spacious enough that both can pass. It was the rider of the pony that
was negligent because in the first place, he was not at the right lane.
Because he had the last clear chance to avoid the impending harm, he
is the one liable even in the first place, he was not negligent. Kanus-a
siya nahimong negligent beh? In terms of point in time? Kadto ng duol
na kaayo ang bangga. Did he have any idea that the horse will be
agitated? NO. But still the Supreme Court ruled that he was liable. Why
the harsh rule? Why is it that as illustrated in the case of Picart
vs.Smith, ka-harsh ba sa Doctrine of Last Clear Chance. Because the
rule which is supposed to mitigate is even more harsh. And what is
that? The Doctrine of Contributory Negligence, which before was an
absolute bar to recovery. Remember, this is a 1918 case. Where wala
pa tay New Civil Code where kadtong Contributory Negligence only
mitigates the liability, not an absolute bar tol liability. So, harsh ang
exception because the rule in itself is harsh. So, remember, when you
encounter the terms Supervening Negligence, Doctrine of Discovered
Peril, its still the Doctrine of Last Clear Chance. Is to the effect where
both parties are negligent but the negligent act of one is appreciably
later in time of that of the other or when it is impossible to determine
whos fault or negligence should be attributable to the incident, the
one who had the last clear opportunity to avoid the impending harm
but failed to do so is chargeable with the consequences thereof. Stated
differently, the rule would also mean that an antecedent negligence of
the person does not preclude the recovery of damages for supervening
negligence of or bar the defense against the liability sought of by
another if the latter who had the last clear chance could have avoided
the impending harm by the exercise of due diligence. Take note again,
the doctrine was imported to Philippine jurisdiction to mitigate the
harshness of the legal effects of the Doctrine of Contributory
Negligence. An absolute bar to recovery but when we already
promulgated beginning August 30, 1950, the Civil Code of the
Philippines, it was a total rejection of the Doctrine of Contributory
Negligence as an absolute bar to recovery. So, after the passage of the
New Civil Code, wala na ng Doctrine of Contributory Negligence as an
absolute bar to recovery.
Later on we will learn, it harkened back to the ruling of Phoenix vs.
IAC but it was also a division case. A second division case. But it is still
the Supreme Court saying that there is no role to be played by the
Doctrine of Last Clear Chance. And so after Phoenix, the flipflop
begins. In ____ Peoples Lumber vs. NLRC, the Supreme Court still
applied the Doctrine of Last Clear Chance. In LBC Cargo Incorporated
vs. CA, again the Supreme Court applied the Doctrine of Last Clear
Chance. In fact, in 1997, for I think the first time, it applied the
Doctrine of Last Clear Chance in a non-accident case. It applied it in a
banking case. In Tiu vs. Arriesgado, Supreme Court again rejected
through the second division the Doctrine of Last Clear Chance and
harkened back to the ruling in the case of Phoenix vs. IAC. But in
29
xxx
xxx
xxx
The term vicarious comes from the word vicar. In turn pag
pamubuon pa jud nimo ang word na vicar, you have vice. Lets start
32
vicarious liability or extending the scope of liability not only for ones
own acts or omissions but for the acts or omissions of another person?
Yes.
What is the ultimate basis of liability or cornerstone of liability in tort
law without which you cannot be held liable under art. 2176?
Negligence. There is this culpa in the performance of a parents duty to
supervise my child. That is the reason for liability. Naa koy presumed
na negligence on my part. Had I supervise properly my child, it would
not have happened. Thats the presumption but take note that that
presumption is not absolute. That is not a conclusive presumption. If a
presumption is not conclusive, what is it under Rule 131 of the ROC? It
is disputable. How would I dispute the presumption of negligence on
my part if my child committed a tort? That I exercised the diligence of
a good father of a family.
Take note that in general, the liability imposed against a vicarious
tortfeasor is direct and primary, not subsidiary. Although we will know
later on that there are instances where there can simply be subsidiary
liability. General rule, it is primary. You are the one directly sued. Lets
say for example you have a child who committed a tort, you are the
one who is sued subject to reimbursement under art. 2181 although
that rarely happens. Now take note that principle alone highlights the
distinction between culpa criminal and culpa acquiliana. In criminal
cases, remember diha ra naa subsidiary liability as a general rule.
Because you can only have recourse against for example the employer
if the employee is insolvent. And take note that in culpa criminal, the
employees criminal guilt is automatically the employers civil guilt. You
dont have to prove in culpa criminal. Its better in art. 2180 because if
you are the employee there, you can still disprove it. You can still
present evidence saying that you exercised the proper diligence
required by the circumstances.
Take note in quasi-delict, recourse can be made directly against the
employer, parent, guardian, etc. without suing the employee. Because
the cornerstone of tort liability will always be negligence, the basis of
liability under art. 2180 is the presumed negligence in supervision.
Have you heard of the term respondat superior? What does it mean?
Lets say for example I am the employer, my employee commits a tort
or a mistake. Is it not a fact that ultimately I am liable. Lets say my
employee nagkapalpak ang iyang trabaho, Im the supervisor. Is it not
a fact that I am ultimately liable? It reflects upon me? What is
respondeat superior? The basis of liability under art. 2180 is not
respondeat superior but bonus pater familias.
Take note that while both vicarious liability based on bonus pater
familias and respondeat superior, both presumed negligence on the
part of the person responsible for another, the vicarious liability under
bonus pater familias is disputable. Whereas the liability under
respondeat superior is actually conclusive. Say for example, you are
the president of the Philippines. Ultimately, if something goes wrong
with the government, who is to be blamed? It is the President. In the
military, it is the same thing. Kung sino ang iyong commanding military
officer, napalpak karon ang iyahang mga subordinates. Who will be
relieved? Its not yung mga subordites niya, it would be the
commanding officer. That is respondeat superior.
Read the 2nd par. of art. 2180.
The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live in
their company.
Whats the basis of liability under that paragraph?
There is a double homicide here that took place. So the boy took over
the wheel of the jeep and drove it recklessly and turned turtle resulting
to the death of two of its passengers. Would the school be held liable?
According to the SC very simply that the school is not liable because it
is not an establishment of arts and trades. What is it? Its Balintawak
Elementary School. And elementary school is not an establishment of
arts and trades. Theres no custody here. The children did not board
Balintawak. Anyway, thats the provision of the law. Thats what the
law says.
Mercado v. CA
Where the SC also ruled that the school was not liable because it was
not an establishment of arts and trades. And the SC explaining the
custody requirement said that it had not been proven because it
contemplates a situation where the student boards and lives with the
teacher such that the control, direction and influences on the pupil
supersede those of the parents. But you have to question, naa pa bay
ingon ana karon? Where in studying you board the school itself? You
live in the school and its the school has parental authority over you
superseding the parental authority over the parents. Naa ba? Wala nay
ingon ana karon.
Heres an interesting case.
Palisoc v. Brillantes October 4, 1971
There is nothing in the law that requires that for such liability to
attach the pupil or student who commits the tortious act must live and
board in the school, as erroneously held by the lower court, and the
dicta in Mercado (as well as in Exconde) on which it relied, must now
be deemed to have been set aside by the present decision. The SC
said that categorically saying that Mercado and Exconde v. Capunong
are no longer true dicta. So the prevailing rule now is there is no more
requirement of boarding together or living in the company of the
teachers or living in the company of the school. The custody
requirement therefore under art. 2180 as it relates to teachers and
heads of establishments in the vicarious liability for the acts committed
by their pupils or their apprentices or etc. can now be simply reduced
into protective custody the protective and supervisory custody that
the school and its heads and teachers exercise over the pupils and
students for as long as they are at attendance in the school, including
recess time.
What does the SC say about the term in attendance in the school or
at recess?
Salvosa v. IAC October 5, 1988
This is the case where SC defined and explained what is meant by the
terms at attendance in a school and recess clearly expanding or
elucidating the principle laid down in the case of Palisoc v. Brillantes.
In line with the case of Palisoc, 17 a student not
"at attendance in the school" cannot be in "recess" thereat.
A "recess," as the concept is embraced in the phrase "at
attendance in the school," contemplates a situation of
temporary adjournment of school activities where the
student still remains within call of his mentor and is not
permitted to leave the school premises, or the area within
which the school activity is conducted. Recess by its nature
does not include dismissal. 18 Likewise, the mere fact of
being enrolled or being in the premises of a school without
more does not constitute "attending school" or being in the
"protective and supervisory custody' of the school, as
contemplated in the law.
Upon the foregoing considerations, we hold that
Jimmy B. Abon cannot be considered to have been "at
attendance in the school," or in the custody of BCF, when he
shot Napoleon Castro. Logically, therefore, petitioners
cannot under Art. 2180 of the Civil Code be held solidarity
liable with Jimmy B. Abon for damages resulting from his
acts.
35
Is recess and dismissal the same? Recess is not the recess that we
enjoy when we were in elementary or even in highschool. So in this
case the SC said that you cannot be at attendance or a student not at
attendance cannot be in recess thereat. It doesnt really matter.
Recess is actually still included in the term at attendance in a school.
At a situation of temporary adjournment of activities thats recess.
school liable for an act of someone who is not even its student. That is
how the SC in not so many words said the case of PSBA. The rules
applicable in the present are Articles 218 and 219 of the FC.
Art. 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 under their supervision, instruction or custody.
Ok, so last time we were still discussing Article 2180, this time we will
continue with where we went off
Amadora v. CA
The provision in question according to the SC should apply to all
schools. Therefore, there is no longer a distinction between that,
whether it is a School of Arts or a School of Arts and Sciences. There is
no substantial distinction between academic and non-academic schools
in so far as torts committed by the schools are concerned but the
same vigilance is expected from the teacher over the students under
his control and supervision, whatever the nature of the school where
he is teaching.
With respect to the issue of when the peril was in attendance while the
school was on recess. Ok, those were the topics that that we last
discussed.
All other cases not covered by this and the preceding articles
shall be governed by the provisions of the Civil Code on quasidelicts. (n)
Can the school be held liable for the fact that the student was injured,
maybe stabbed or gikulata or what have you, by somebody who is not
involved with the school?
An affirmative answer to that question would mean that the school will
now be considered an insurer of all these risks. You cannot hold the
4.
5.
6.
So it is very clear right now the rules with respect to minors. What if
the student right now is no longer a minor? What would be the rules
here? Take note that under Article 2180, teachers and heads of
establishments are still liable for acts of students and apprentices even
if they are no longer minors. The teacher in charge is liable for acts of
the non-minor student. The school and administrators are not to be
held liable. However, the teachers liability attached whether the school
is academic or non-academic. OK? By mere exception, we follow the
rule under Article 2180 where it is only the head of establishments, not
36
Bus
Lines,
Inc.
vs.
Phil-American
2.
3.
There
isno
industry
requirement. Why do I say
that? It is because of the codal
provision itself. Such that, if a tort
is committed by a family driver
and the (family) employer is not
engaged in any business, the
employer may still be held liable
for the family drivers tort.
If you want to make an employer
liable, you have to make him a
party to the case.
prove
employer-employee
relationship and the insolvency of
the employee, thats it.
There
is
an
industry
requirement. The employer
must be engaged in some kind of
business or industry.
Take note, under the RPC, you can only hold the employer
subsidiarily liable only if the following requisites are present:
1.
2.
3.
4.
Power
Power
Power
Power
to dismiss or discipline;
of control;
to pay wages; and
of selection or engagement
3.
4.
Duna pa bay lain er-ee relationship created and supplied by law? Yes,
and we take that from the case of Ramos vs. CA (December 29, 1999):
**Recitation**
Ramos vs. CA (First Case)
The patient here was comatose because of allergic reaction to
anesthesia. There was failure to evaluate whether the patient would be
respond well with the anesthesia. The patient eventually died but,
remember, that at the time of the filing of the case, the patient was
still comatose. It was the family of Ramos who filed a case against the
hospital.
Power to dismiss
According to the SC, wala may firing mahitabo but as a
consequence of bad performance, the doctor may lose his
accreditation and he can no longer practice.
Power of control
Naa bay control ang hospital with the means of treatment
prescribed by the doctor? According to the SC, the hospitals
obligation is limited only to providing the patient with is preferred
room accommodations, the nutritional diet and to ensure that the
medications prescribed by the doctor are followed through the
nurses who are employees of the hospital. Mao ra to, walay
power.
What was the basis of the family in suing the hospital? How did the SC
ruled on that? Whats the doctrinal pronouncement in the first Ramos
case?
The SC here sweepingly stated that for purpose of allocating
responsibility in medical negligence cases, an employeremployee relationship in effect exists between hospitals and
their attending and visiting physicians.
When you hear something like that you will get the impression that
you dont have to really look at the elements of er-ee relationship
because it is now supplied by the SC. Although of course, the SC also
looked at the unique circumstances that avail in hospitals. How do
hospitals select their physicians? The SC said there is er-ee
relationship. That was doctrinal and is limited only in creating liability
in medical negligence cases.
However in the second case of Ramos, April 11, 2002, the SC totally
reversed its initial ruling in the first case this time going by the
requisites of the er-ee relationship.
1.
2.
(3) That the illicit act of the employee was on the occasion or by
reason of the functions entrusted to him.
38
Valenzuela v. CA
Another interesting the case, this has appeared in my own examination
three times already and appeared also as a bar question.
This involves MedRep. Why would a pharmaceutical company issue
Macalinao
All I need you to remember is how creative the defendant was. The
defendant here said that Art. 2180 is only applicable when the injury is
caused by the employee against a third person but when the injury is
caused upon by an employee against a fellow employee 2180 does not
apply.
SC said, the law does not distinguish whether the claimant is an
employee or a third person relative to the employer.
Effect
violation
orders
This is generally a
defense because if you
give order, that proves
actual supervision
Responsibility
ceases
upon proof of Exercise of
DGOF in Selection or
Supervision
of
of
Defense of an
ordinary ER
Effect
of
Contributory
Negligence
Common Carrier as
ER
All negligent or wilful
acts of the former's
employees, although
such employees may
have acted beyond the
scope of their authority
or in violation of the
orders of the common
carriers
It is not a defense.
The CC can still be
held liable
Does
not
escape
liability upon proof of
the exercise of DGOF
because the standard
of care is EO Diligence
Article
1762. The
contributory
negligence
of
the
passenger does not
bar
recovery
of
damages for his death
or injuries, if the
proximate
cause
thereof
is
the
negligence
of
the
39
Effect of acts of
strangers
Naa bay lain vicarious liability in addition to Article 2180? Yes, in fact,
Art 102 of the RPC provides:
Article
1763. A
common carrier is
responsible for injuries
suffered
by
a
passenger on account
of the wilful acts or
negligence of other
passengers
or
of
strangers,
if
the
common
carrier's
employees through the
exercise
of
the
diligence of a good
father of a family could
have prevented or
stopped the act or
omission.
Castilex v. Vasquez
FEBRUARY 23
We are already done discussing Article 2180 which of course deals
with Vicarious Liability. What we are going to discuss tonight is not
necessarily separate from the basic principles that we have learned so
far in Articles 2176 and 2180 of the Civil Code. It is just a sub species
probably of tort liability cases that we call medical negligence or
medical malpractice.
Why do we need to discuss this separately from Article 2180? From the
time of the Supreme Courts ruling and the first Ramos case in 1999,
ang trend worldwide is to change the litigation of medical negligence
cases. In fact, there are some jury negligence courts in the United
States.
Basic premise is still Article 2176 where the law defines what a quasidelict is and of course we follow also the same elements of a quasidelict although in this case, we expound a little bit on these elements
and translate them into more or less medical negligence terms.
Remember again Article 2176 because Article 2176 does not
distinguish. What is the hallmark (?) again of liability in torts cases?
And that would be negligence. Being in the medical field, you are
subject to the same degree of care that is demanded of persons still
the degree of care of persons that is demanded by the circumstances
of the case. It does not matter whether you pay the doctor or not
because if there is a finding of negligence and that negligence is the
proximate cause of the injury sustained by a patient, then, the doctor
can be held liable by this type of case called medical negligence or
medical malpractice.
40
A duty
Again, the burden of proof still lies upon the plaintiff. Establish first
that the physician was negligent. Thats the only time you can compel
the physician to present his own evidence but sometimes where the
initial burden of proof rests shifts to the physician himself in cases
where the doctrine of res ipsa loquitor applies. The thing speaks for
itself. The doctrine of res ipsa loquitor was also touched upon in the
case of Ramos vs. CA. Take note the effect of the invocation of the
doctrine of res ipsa loquitor. It actually dispenses with expert medical
testimony because the injury itself actually provides the proof of
damage.
*read the article of sir regarding medical negligence and the cases*
Take note that the Ramos case is good law even if it was overturned in
the second Ramos case on motion for reconsideration in 2002 from the
original case in 1999 that the ruling of the Supreme Court was
reiterated in Professional Services vs. Agana (important case).
NOGALES vs. CAPITOL MEDICAL-Doctrine of Apparent Authority.
Doctrine of Corporate Responsibility in the case of Professional
Services vs. Agana (2008). Here, the Supreme Court says the duty of
March 2, 2015
Sir: Article 2181. Please read
Article 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.
So vicarious liability under 2180 refers to the liability grounded on the
presumed or imputed negligence in selection or supervision of a
person over another person that he is responsible for. Thus under
Philippine Tort Law, vicarious liability is based on imputed negligence
but ultimately the employer, parent, etc. will be held liable for their
own lack of due care.
So under the general provision under Art. 2176, liability is direct and
primary. Under the vicarious liability provision, liability is merely
43
damages which such animal may cause. Thats from the case of
VESTIL VS. IAC NOV. 6, 1989.
Take note that Art. 2183 mentions possessor of an animal or whoever
may make use of the same not necessarily the owner. Thus,
ownership over the animal is not required in order for liability to
attach. Next question: Does the law here only contemplate vicious
animals as opposed to tamed or domesticated animals? Again, the law
does not distinguish and we should not also distinguish. In other
words, 2183 also covers tamed and domesticated animals. You went to
the house of a friend. Sagawassabalaynaaynakabutang Beware of
Dogs So alanganinkamusulod. Mu-ingonimong amigo Ayawkabalaka,
di namamaak. Impossible. Naa nay ngipon, naay baba. Mamaakjudna.
Actual control is also not required under Art. 2183. The Article says the
possessor or user liable even if the animal should escape or be lost
and so be removed from his control. Now, in a sense Art. 2183 is also
vicarious. Youre not the one who caused damage but by being the
user or possessor of the animal, you have the obligation to see to it
that the animal will not cause damage to another person. There are
two defenses under this provision:
1.
2.
There are two cases here that are ____ not so much because of what
the cases say but because there are just a few cases here namely the
case of AFIALDA VS. HISOLE NOVEMBER 29, 1949 where the SC,
we were discussing this in relation to volenti non fit injuria, the SC said
thats just an accident. (I-copy nalangnakoang decision sa SC kay
inaudible na.) This opinion, however, appears to have been rendered
Take note that the owner here has defenses because liability here is
merely presumed or imputed or vicarious. The owner may rebut the
same by proof that he observed the diligence of a good father of a
family to prevent the misfortune or that he had no sufficient chance to
direct the driver to cease and desist from continuing with the negligent
act. A fairly recent case is the case of SERRA VS. MUMARMARCH
14, 2012 G.R. NO. 193861. If the causative factor was the drivers
negligence, the owner of the vehicle who was present is likewise held
liable if he could not have prevented the mishap by the exercise of due
diligence. And according to the SC here, walay due diligence that was
exercised by the owner of the vehicle because she admitted that the
driver had been her driver for one year only and she had no
knowledge of his driving experience or record for previous accidents.
Interestingly this case happened in South Cotabato. There was a
speed limit in Polomolok, its like the speed limit in Davao City. So sa
highway pa langnaa nay speed limit. Why? Because of the number of
accidents.
With Art. 2184 we, more or less, have a clear picture of what would
constitute vicarious liability provided under the Civil Code because
even if you are the owner of the vehicle and you employed a driver,
you can be held vicariously liable. But just to round up our
understanding of work-related damage, injury or death, we need to
take a look at Art. 1711 and 1712 of the Civil Code.
Article 1711. Owners of enterprises and other employers are obliged
to pay compensation for the death of or injuries to their laborers,
workmen, mechanics or other employees, even though the event may
have been purely accidental or entirely due to a fortuitous cause, if the
death or personal injury arose out of and in the course of the
employment. The employer is also liable for compensation if the
employee contracts any illness or disease caused by such employment
or as the result of the nature of the employment. If the mishap was
due to the employee's own notorious negligence, or voluntary act, or
drunkenness, the employer shall not be liable for compensation. When
the employee's lack of due care contributed to his death or injury, the
compensation shall be equitably reduced.
Take note that under Art. 1711, owners and employers may be held
liable for compensation even though the death or injury is due to
fortuitous event or fortuitous causes and that is of course an exception
to the general rule that the act of God prejudices no one. And
another latin maxim that you may use in your bar examination (speaks
latin maxim) a fortuitous event is not to be foreseen and no person is
expected to predict it and therefore the Act of God prejudices no one.
However, for this exception to apply, it is necessary that the death or
personal injury arose out of and in the course of employment. In other
words, it has to be work-related.
Another ground for compensation under 1711 is in addition, an
employer may also be liable for compensation when the employee
contracts any illness or disease caused by such employment or as the
result
of
the
nature
of
the
employment.
Kanisiyaginabantayannisiyasamga mining firms.
What will be the instances when the employer will not be liable for
compensation under 1711? There are four:
1.
2.
4.
And take note that when the employees lack of due care contributed
to his death or injury, the compensation shall be ratably reduced. And
this is a familiar rule to you already because under Art. 2179, when
there is contributory negligence, the court shall mitigate the damages
to be awarded.
Article 1712. If the death or injury is due to the negligence of a
fellow worker, the latter and the employer shall be solidarily liable for
compensation. If a fellow worker's intentional or malicious act is the
only cause of the death or injury, the employer shall not be
answerable, unless it should be shown that the latter did not exercise
due diligence in the selection or supervision of the plaintiff's fellow
worker.
Okay take note here that liability in Art. 1712 is similar to Art. 2194.
And there are 2 grounds for solidary liability under Art. 1712:
1. If the death or injury is due to the negligence of a fellow
worker. The employer is solidarily liable. Why? Because the
employer is presumed negligent in supervising the said
fellow worker who caused injury.
2. If the death or injury is due solely to the intentional or
malicious act of a fellow worker and it is proved that the
employer was negligent in selection or supervision.
In selection, how can negligence be present in selection? You
unintentionally hire a known ex-convict or an insane person bound to
cause violence against his fellow workers. That will be a ground for
solidary liability here because there is negligence in selection or in
supervision. Pasagdanlangnimoiyangginabuhat.
Now what is the difference between the first and second one? Very
important. In the first ground, there is a presumption of negligence
because the employer here would be held solidary liable due to the
negligence of a fellow worker. The negligence there on the part of the
employer is presumed and thats why he is held solidarily liable similar
to Art. 2180. What about in the 2nd ground? In the 2nd ground, no such
presumption arises. Remember that in the 2nd ground, it must be
shown that the employer did not exercise due diligence in selection or
supervision in the plaintiffs fellow worker. In other words, the plaintiff
bears the burden in proving that the employer was negligent either in
selection or supervision. So thats very important.
Lets go now to 2185.
Article 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. (n)
Sir: Can I ask you, unsay difference between Art. 2184 and 2185?
Student: Sir, the difference between them is that in 2184, the driver is
not presumed to be violating any traffic regulation while in 2185, there
that negligence caused the accident in the first place. So dili enough
somehow polluting(?) a little bit what Art. 2185 says. Because Art.
2185 says that there is a presumption of negligence. So thats what
the SC is saying. Kailangangihaponug proximate causation. Prove first
that that negligent act that may be exhibited from the fact that the
defendant violated some traffic violations must be the very cause of
the accident.
Look at the other cases. Over speeding, nakabangga, thats negligence
per se. Meaning, you are presumed negligent. The burden is shifted to
you to prove that you are not negligent. The presumption is
susceptible of contrary proof. Pwedeka mu-ingonna I was not
negligent. I can prove it. But here, the SC said that No. Dapatnaay
causal connection. Which is very important. In fact in other cases,
Tison vs. Pomasin, the violation here was the lack of requisite license.
No license to operate the vehicle. What was the vehicle in Tison? A
tractor-trailer. If you possess a professional drivers license, is it not a
fact that you may have restrictions? Pwedenadilika pa-drivonug heavy
machinery. Here, the accident was caused by the driver of the tractortrailer and his license forbade him to operate a tractor-trailer. The SC
here said that NO. You have to establish that that violation alone was
also the proximate cause of the injury. That were it not for the fact
that there was a violation, there would not have been any accident to
speak of. Muraganaangginaingonsa SC. But it should be noted in this
case that the defendant was still able to prove that his license
restrictions were erroneously issued.
Read the case of TISON and Aonuevo. Read ANONUEVO, its the best
explanation that you can get relating to Art. 2185 and why we cant
apply it to non-motorized vehicle.
AONUEVO vs. CA G.R. No. 130003 OCTOBER 20, 2004
HELD:There is a fundamental flaw in Aonuevos analysis of Art.
2185, as applicable today. He premises that the need for the
distinction between motorized and non-motorized vehicles arises from
the relative mass of number of these vehicles. The more pertinent
basis for the segregate classification is the difference in type of these
vehicles. A motorized vehicle operates by reason of a motor engine
unlike a non-motorized vehicle, which runs as a result of a direct
exertion by man or beast of burden of direct physical force. A
motorized vehicle, unimpeded by the limitations in physical exertion. is
capable of greater speeds and acceleration than non-motorized
vehicles. At the same time, motorized vehicles are more capable in
inflicting greater injury or damage in the event of an accident or
collision. This is due to a combination of factors peculiar to the motor
vehicle, such as the greater speed, its relative greater bulk of mass,
and greater combustability due to the fuels that they use.
There long has been judicial recognition of the peculiar dangers posed
by the motor vehicle. As far back as 1912, in the U.S. v. Juanillo25, the
Court has recognized that an automobile is capable of great speed,
greater than that of ordinary vehicles hauled by animals, "and beyond
doubt it is highly dangerous when used on country roads, putting to
great hazard the safety and lives of the mass of the people who travel
on such roads."26 In the same case, the Court emphasized:
A driver of an automobile, under such circumstances, is required to
use a greater degree of care than drivers of animals, for the reason
that the machine is capable of greater destruction, and furthermore, it
is absolutely under the power and control of the driver; whereas, a
horse or other animal can and does to some extent aid in averting an
accident. It is not pleasant to be obliged to slow down automobiles to
accommodate persons riding, driving, or walking. It is probably more
agreeable to send the machine along and let the horse or person get
out of the way in the best manner possible; but it is well to
understand, if this course is adopted and an accident occurs, that the
automobile driver will be called upon to account for his acts. An
automobile driver must at all times use all the care and caution which
a careful and prudent driver would have exercised under the
47
per se.
The generally accepted view is that the violation of a statutory duty
constitutes negligence, negligence as a matter of law, or negligence
per se.32 In Teague vs. Fernandez,33 the Court cited with approval
American authorities elucidating on the rule:
"The mere fact of violation of a statute is not sufficient basis for an
inference that such violation was the proximate cause of the injury
complained. However, if the very injury has happened which was
intended to be prevented by the statute, it has been held that violation
of the statute will be deemed to be the proximate cause of the injury."
"The generally accepted view is that violation of a statutory duty
constitutes negligence, negligence as a matter of law, or, according to
the decisions on the question, negligence per se, for the reason that
non-observance of what the legislature has prescribed as a suitable
precaution is failure to observe that care which an ordinarily prudent
man would observe, and, when the state regards certain acts as so
liable to injure others as to justify their absolute prohibition, doing the
forbidden act is a breach of duty with respect to those who may be
injured thereby; or, as it has been otherwise expressed, when the
standard of care is fixed by law, failure to conform to such standard is
negligence, negligence per se or negligence in and of itself, in the
absence of a legal excuse. According to this view it is immaterial,
where a statute has been violated, whether the act or omission
constituting such violation would have been regarded as negligence in
the absence of any statute on the subject or whether there was, as a
matter of fact, any reason to anticipate that injury would result from
such violation. x xx." (65 C.J.S. pp.623-628)
"But the existence of an ordinance changes the situation. If a driver
causes an accident by exceeding the speed limit, for example, we do
not inquire whether his prohibited conduct was unreasonably
dangerous. It is enough that it was prohibited. Violation of an
ordinance intended to promote safety is negligence. If by creating the
hazard which the ordinance was intended to avoid it brings about the
harm which the ordinance was intended to prevent, it is a legal cause
of the harm. This comes only to saying that in such circumstances the
law has no reason to ignore the causal relation which obviously exists
in fact. The law has excellent reason to recognize it, since it is the very
relation which the makers of the ordinance anticipated. This court has
applied these principles to speed limits and other regulations of the
manner of driving."
Should the doctrine of negligence per se apply to Villagracia, resulting
from his violation of an ordinance? It cannot be denied that the
statutory purpose for requiring bicycles to be equipped with headlights
or horns is to promote road safety and to minimize the occurrence of
road accidents involving bicycles. At face value, Villagracias mishap
was precisely the danger sought to be guarded against by the
ordinance he violated. Aonuevo argues that Villagracias violation
should bar the latters recovery of damages, and a simplistic
interpretation of negligence per se might vindicate such an argument.
Article
Without limiting the scope of the above paragraph, the act or practice
of a seller or supplier is deceptive when it represents that:
and
Article
106. Prohibition
2180, its not solidarity in its purest sense. Why? Because he is entitled
to claim the entire amount from the defendant.
And that will end our discussion on quasi-delict. We still have a long
way to go because we still have to discuss damages, human relations
and nuisance.
March 23, 2015
Right now were already in damages. Lets go first with what the term
damages means? It comes from the latinword damnum or demo
which means taking away and as used in the Civil Code, damages may
mean either:
1. The injury or loss caused to another by a violation of his
legal rights;
2. The sum of money which the law awards or imposes as
pecuniary compensation recompense or satisfaction to any
injury done or wrong sustained as a consequence of either
a breach of contractual obligation or a tortious act.
Note that although damages are awarded in criminal cases as well
based on the premise that every person criminally liable is also civilly
liable. Remember that we are talking here about the Civil Codes
signification of what damages consist. Based on this principle, you can
see that when you talk about damages it can refer to the injury or loss
itself or it can also refer to the amount of money by way of
recompense that is paid to the plaintiff by way of satisfaction of the
damages, injury or loss occasioned by the act of the other.
Lets go to the provision of the law.
Art. 2195. The provisions of this Title shall be respectively applicable
to all obligations mentioned in Article 1157.
Therefore, damages can be awarded for any source of obligation be
it a law, contract, quasi-contract, acts or omissions punishable by law
and quasi-delict.
Art. 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.
Take note that with respect to Workmens Compensation, remember
that the labor tribunals now have the authority to grant damages
contrary to before. Kaniadto man gud separated man gudsya, labor
tribunals can only deal with labor issues and if you are going to ask for
damages, you have to file a case before the RTC. But now the
authority of the labor tribunal is plenary as it seems. So therefore
pwedemu-awardanglabor arbiter ug damages.
What are the types of damages under art. 2197?
Art. 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
I wont go to the extent of telling you to memorize art. 2197.
Kabalonamoana.
Art. 2198. The principles of the general law on damages are hereby
adopted insofar as they are not inconsistent with this Code.
Unsa man angginameananing principles of the general law on
damages? It does not refer to general damages as opposed to specific
damages. What it actually refers to would be what else is stated by the
53
Now what happens if you are able to prove your entitlement to actual
damages during the trial you are able to present a lot of receipts
proving the entitlement to actual damages but the problem is you
forgot to make the necessary allegations in your complaint? In fact,
your prayer does not include actual damages. What will happen? In
the case of Heirs of Gustiva(?) v. CA, the SC said they can still be
awarded based on the prayer such other reliefs just and equitable
under the premises are likewise prayed for. Except in those cases
where the law authorizes the imposition of punitive or exemplary
damages, the party claiming damages must establish by competent
evidence the amount of such damages and courts cannot give
judgment for a greater amount than that actually proven. In that
sense, actual damages are actually quantitative damages. Whatever
you will be able to prove, you will be given. The award of actual
damages cannot be both based on actual facts and conjecture.
Meaning, i-estimatenimokungpilaangimongna-incur na actual damages.
The value of the loss suffered that is more or less what you call
actual damages. They are also called dannoemergente or
damnumemergens, or dannovitando.Angpinaka common diha is
dannoemergente.
The profits which the oblige failed to obtain that is more
properly termed compensatory damages. More commonly termed as
54
pwedenimoi-
2206 which is very very important as you will see a little bit later on.
Art. 2206. The amount of damages for death caused by a crime or
quasi-delict shall be at least three thousand pesos,xx.
Dihalangsa ta kutob ha. According to the framers of the Civil Code that
is what human life is worth P3k. banggaankakintahaysimbako, if you
based it on codal provision, tres mil langangkantidadsaimongkinabuhi.
Thankfully of course the SC adjusted that over time, is the SC allowed
to in a way amend 2206 which says P3k? why is it that the SC
increased it to 15 and later on 30 and later on 50 and so on and so
forth? Yes, because 2206 does not actually call for judicial legislation.
It actually tells you the minimum amount that you can be awarded for
indemnity of death. In fact, under art. 2206 which provides that it is
death noh or civil indemnity for death, but the SC has went on to
interpret it to also mean that there should also be civil indemnity not
only for death but also for abuses against the chastity of a woman or
the commission of certain crimes which a person can also be injured
and we will of course go to that a lot.
Remember that that is the amount even though there may have been
mitigating circumstances. For example, voluntary surrender. You killed
somebody but you voluntarily surrendered, you have to pay the civil
indemnity. It doesnt matter. What if its a privilege mitigating
circumstance? It doesnt matter, you have to pay civil indemnity for
death.
And in addition:
(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 disability not
caused by the defendant, had no earning capacity at the
time of his death;
(2) 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 decedent's inheritance by the law
of testate or intestate succession, may demand support from
the person causing the death, for a period not exceeding
five years, the exact duration to be fixed by the court;
(3) 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.
So lets go over these paragraphs one by one.
First opening paragraph (art. 2206) indemnity for death. And
therefore as worded, death indemnity is payable in cases of wrongful
death due to crimes and quasi-delicts. Meaning, theres a crime
commited (murder, homicide, etc.,) or quasi-delict (2176). What about
if death occurred while in a breach of a contract of carriage? Does that
mean that the family of a deceased passenger can no longer recover?
NO. Under art.1764 talking about common carriers.
Art. 1764. Damages in cases comprised in this Section shall be
awarded in accordance with Title XVIII of this Book, concerning
Damages. Article 2206 shall also apply to the death of a passenger
caused by the breach of contract by a common carrier.
So all basis of action is covered. So under the law be it a crime, a
quasi-delict or a contract, there can be civil indemnity for death. So at
least that is now very clear.
Sulpicio Lines Inc. v. CA July 14, 1995
Deducing alone from said provision, one can
conclude that damages arising from culpa contractual are
not compensable without proof of special damages sustained
by the heirs of the victim.However, the Civil Code, in Article
56
are taking up criminal law, naanabani 100k? I dont think so. So take
note of this.
Pp. v. Sato
Crime committed was statutory rape. Meaning, below 12 whether
there was consent or not. Penalty?Of course reclusion
perpetua.Supposed to be theft so the civil indemnity was P75k.
So the situation under par. 1 is what? Somebody dies and at the time
that he died because of the act of another person whether by way of
crime or by way of quasi-delict, he was gainfully employed and
therefore able to generate income and he works for it. So therefore a
person struck down on the prime of his life during his productive years
is of course entitled to compensation for the income that he may be
able to earn had he been alive and not killed by the act of the
defendant. Question, how do you compute that? First, whats the
purpose or nature of the award?
Art. 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
59
settle or you pay for hospitalization of the plaintiff, it will not be taken
as evidence against you if its a civil case. An offer to pay medical,
hospital or other expenses occasioned by injury is not admissible in
evidence as proof of civil or criminal liability of injury. And therefore,
the law favors voluntary acts of assistance to the injured. A good
lawyer will know this. I have an uncle before nawalalangsiguroang
driver huboglang, daghannabanggaanapilnaang uncle nako. You know
what they did the defendants knowing that they are properly advised
by counsels na I am thankful for it naangiyahang counsel
kayestudyantenako before. They know that they have to minimize the
plaintiffs loss or injury. So in case musakasakorte, they have receipts
of whatever they advanced, that can be used apart from the fact that
its easier to settle if you voluntarily advance expenses.
AngmaremberjudnakosaunanohangWowowee. Theres a stampede
that happened in Ultra. During one of its anniversary, in the Philsports
Arena in Pasig City didtoang venue saiyahang anniversary celebration.
A lot of people were injured and worse a lot of people died. Kang
kinsasalana? you cannot pinpoint who started the stampede. You
cannot place blame on people who did the stampede. So negligence
will now be attributed to who created the dangerous situation under
the law on torts. And who created the dangerous situation? Its ABS
CBN through Wowowee. So what they did, William Revillame was
going around, going to funeral parlors extending monetary assistance,
going to hospitals to pay off the medical bills because of that benefit in
#5. Thats a good corporate move by ABS.
Although the recent trend with regards to the rulings of the SC relating
to the award of moral damages, tend towards uniformity. The rule is
that there is no hard and fast rule, it should not be capable of
mathematical computation or quantification. Because the suffering of
each individual is different. The reputation of each individual is
different. But again, the trend now is that the SC is trying to quantify.
62
Moral damages are meant to compensate the claimant for any physical
suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation and
similar injuries unjustly caused. Although incapable of pecuniary
estimation, the amount must somehow be proportional to and in
approximation of the suffering inflicted. And sometimes depend as to
the wealth and means of the plaintiff.
4.
63
65
Read this case, nothing much here but its one of those cases where in
contractual relations naay award on nominal damages.
66
CATHAY PACIFIC VS. REYES JUNE 26, 2013. Same case noh
cancelled reservation. Nag re-confirm pa jud and they were advised
that their reservation was still okay as scheduled. On the day of their
scheduled departure from Adelaide, Wilfredo and his family arrived at
the airport on time. When the airport check-in counter opened,
Wilfredo was informed by a staff from Cathay Pacific that the Reyeses
did not have confirmed reservations, and only Sixtas flight booking
was confirmed. Nevertheless, they were allowed to board the flight to
HongKong due to adamant pleas from Wilfredo. When they arrived in
HongKong, they were again informed of the same problem.
Unfortunately this time, the Reyeses were not allowed to board
because the flight to Manila was fully booked. Only Sixta was allowed
to proceed to Manila from HongKong. On the following day, the
Reyeses were finally allowed to board the next flight bound for Manila.
Upon arriving in the Philippines, Wilfredo went to Sampaguita Travel to
report the incident. He was informed by Sampaguita Travel that it was
actually Cathay Pacific which cancelled their bookings.
According to SC Respondents entered into a contract of carriage with
Cathay Pacific. As far as respondents are concerned, they were holding
valid and confirmed airplane tickets. The ticket in itself is a valid
written contract of carriage whereby for a consideration, Cathay Pacific
undertook to carry respondents in its airplane for a round-trip flight
from Manila to Adelaide, Australia and then back to Manila. In fact,
Wilfredo called the Cathay Pacific office in Adelaide one week before
his return flight to re-confirm his booking. He was even assured by a
staff of Cathay Pacific that he does not need to reconfirm his booking.
Considering that the three respondents were denied boarding their
return flight from HongKong to Manila and that they had to wait in the
airport overnight for their return flight, they are deemed to have
technically suffered injury. Nonetheless, they failed to present proof of
actual damages. Consequently, they should be compensated in the
form of nominal damages.
How much? 25,000. So mag depend jud siya on how they are able to
prove it.
Same thing happened with JAPAN AIRLINES VS. CA AUGUST 7,
1998. What happened here was they were not able to board their
flight as scheduled because Mt. Pinatubo erupted and all flights to
Manila were cancelled indefinitely because NAIA was closed. So, they
rebooked them on flights on June 16 and Japan airlines paid for their
unexpected overnight stay. Unfortunately, the June 16 flight was also
cancelled. Japan airlines informed the stranded passengers that it will
no longer shoulder their expenses. The passengers stayed in Japan
until the 22nd of June and were forced to pay for their meals and
accommodations from their personal funds. So 6 days ang delay.
Passengers filed an action for damages against Japan Airlines claiming
that it failed to live up to its duty to provide care and comfort to its
stranded passengers when it refused to pay for accommodation
expenses.
Question, naa ba na sa Civil Code that you have the right to be paid
hotel and accommodation expenses if the flight is cancelled through no
fault of your own as passenger na dili ka maka board sa imong flight?
Actually, wala na siya sa Civil Code but it is stated in the Magna Carta
of Passengers Rights. Naa gud na. If you are stranded because of the
fault of the airline, they should at least give you a meager
accommodation. As to how meager? I dont know really but you are
entitled to that.
According to SC, Japan Airlines is not liable since the reason why
Japan Airlines was prevented from pursuing its flight to Manila was
because of the Mt. Pinatubo eruption. However, it is not completely
absolved from liability. While JAL was no longer required to defray
private respondents' living expenses during their stay in Narita on
account of the fortuitous event, JAL had the duty to make the
necessary arrangements to transport private respondents on the first
available connecting flight to Manila. Petitioner JAL reneged on its
obligation to look after the comfort and convenience of its passengers
when it declassified private respondents from "transit passengers" to
"new passengers" as a result of which private respondents were
obliged to make the necessary arrangements themselves for the next
flight to Manila. Private respondents were placed on the waiting list
from June 20 to June 24. To assure themselves of a seat on an
available flight, they were compelled to stay in the airport the whole
day of June 22, 1991 and it was only at 8:00 p.m. of the aforesaid
date that they were advised that they could be accommodated in said
flight which flew at about 9:00 a.m. the next day.
An award of 100,000 nominal damages in favor of each passenger was
awarded. Is it nominal in terms of award? Not anymore. Dako na. Gilaliman ka nominal damages 100,000 while in some case 10,000,
25,000 unya kani 100,000 each passenger? So naga change actually.
There is no hard and fast rule. So you have to remember the cases.
OTHER CASES. Kaning mga cases na dili na nato ma-classify. Walay
category.
USURPATION OF TRANSPORTATION FRANCHISE.
COGEO-CUBAO OPERATORS AND DRIVERS ASSOCIATION VS.
CA MARCH 18, 1992. At the act of usurpation by the defendants
which constituted an invasion of the plaintiffs property rights should
be awarded nominal damages in the amount of 10,000.
This is an interesting case: TWIN ACE HOLDINGS CORPORATION
VS. RUFINA AND COMPANY JUNE 8, 2006. What is Rufina
engaged in? In the manufacture of patis. What about Twin Ace? What
is it in the business of? Its conducting business under the name and
style of Tanduay Distillers. How do you consume tanduay? By means
of bottles. Lapad or Long neck. What do you do after that? Do you
return the bottle? You dont. You throw the battle or recycle or sell it
to the bote, dyaryo, bakal. And so, where does it go? When its
discarded already, where does it go? It makes its way to a lot of
people who reuse the bottles, one of which was Rufina Patis. And
namalit sila sa bote, dyaryo, mao ilang gi-gamit, gibutangan nila ug
patis ug gibaligya ang patis sa public. Nakit-an karon sa Tanduay and
they are saying thats our bottle. In fact, in the bottles themselves,
naay nakabutang na Tanduay Distillers. And so it was successful in
taking possession of tansans or bottles that were supposed to be used
by Rufina for their patis.
According to SC, that is wrongful replevin. Why? Because when Rufina
were using the bottles, gipalit na na nila from the junk dealers. And
when they bought it from the junk dealers, it becomes their property.
Is there technically wrong with what Tanduay did? In claiming
possession of what they thought was their property? Theres none.
Diba, naa silay right.
But here, according to the SC, the replevin was not proper. So when
plaintiff suffers some species of injury not enough to warrant an award
of actual damages, the court may award nominal damages.
Considering the foregoing, we find that the award of nominal damages
to Rufina in the amount of fifty thousand pesos (P50,000.00) is
reasonable, warranted and justified.
Kani ang pinaka pait. The case of SALUDO VS. CA MARCH 23,
1992. The remains of a loved one was lost in transit. Nag latagaw
intawon. Padulong ug lets say Manila, ni-abot ug Hong Kong ni-abot
ug Macao wherever. So the personnel were remiss in the observance
67
April 8, 2015
The last time we were discussing was nominal damages. So now we
go to temperate damages which is defined under Article 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
cannot, from the nature of the case, be provided with certainty.
In the case of Araneta vs. Bank of America. Temperate damages are
damages allowed in certain classes of cases, without proof of actual or
special damages, where the wrong done must in fact have caused
actual damage to the plaintiff, though from the nature of the case, he
cannot furnish independent, distinct proof thereof. Temperate
damages are more than nominal damages, and, rather, are such as
would be a reasonable compensation for the injury sustained.
Now take note of the basis for temperate damages. It is still pecuniary
loss. It is very much related to actual damages, the only difference
being, that for temperate damages the nature of the case itself
provides that it cannot prove the pecuniary loss in terms of specific
pesos or centavos. Or even if you try to adduce proof of pecuniary
loss, the same have failed but the court finds that there is some
pecuniary loss suffered by the plaintiff.
Requirements for the award:
1. Definite proof of pecuniary loss cannot be adduced
by the aggrieved party;
2. The court is convinced that the aggrieved party
suffered some pecuniary loss; [Premier Development
Bank vs. CA]
3. The temperate damages awarded must be reasonable
under the circumstances. [under Art. 2225]
What do you mean by reasonableness of temperate damages? It
means that the amount awarded as temperate damages must be less
than actual or compensatory damages and also greater than mere
nominal damages. It is in between actual and nominal damages.
When you say reasonable damages, dapat ra ba gamay ra ang imong
i.award nga temperate damages? Or does it also envision a case
where dako ang i.award nga temperate damages? We will see that in
the cases.
There is pecuniary loss but the uncertainty lies in the amount of such
pecuniary loss. In actual or compensatory damages, it is required that
ones entitled to an adequate compensation only for such pecuniary
loss suffered by him as is duly proved. That is an evidentiary rule. You
cannot be awarded actual damages unless you can prove it by means
of best evidence obtainable which the SC has interpreted to be
receipts; documentary proof. Mere unilateral listing of expenses
supported by no independent proof cannot serve as basis for the
award of actual damages. Among the classes of damages in the civil
code, only actual or compensatory damages require that ones entitled
to an adequate compensation only for such pecuniary loss suffered by
him as is duly proved.
For the other classes of damages, no proof of pecuniary loss is
necessary in order that moral, nominal, temperate, liquidated or
exemplary damages may be adjudicated. For example, for moral, even
though you need not present proof of pecuniary loss, you still have to
have clear testimony of physical suffering etc. and other circumstances
which actually give rise to an award of moral damages. For nominal,
you need to prove to the satisfaction of the court, by way of
testimony, that there has been some technical injury suffered by the
plaintiff that needs to be vindicated or otherwise recognized by the
court, therefore paving the way for the award of nominal damages.
Liquidated damages, there is still required to be proven, which is the
breach of the contract for which liquidated damages substitutes for
other forms of damages. And exemplary damages, which is awarded
as a way of example or correction of the public good, or in cases
wherein there is fraudulent, reckless, oppressive, or malevolent
violations of rights or obligations of a contract.
For temperate damages, no proof of pecuniary loss is required. While
the law does not require proof of the exact amount suffered as
pecuniary loss, it still requires the plaintiff to establish factual basis to
justify its award. Again, by way of observation, because they both
based on pecuniary loss, actual and temperate damages are closely
related, close cousins. They both are predicated on pecuniary loss, but
differ on proof required.
Temperate damages are often awarded because plaintiff has clearly
suffered pecuniary loss or incurred expenses but the plaintiff was not
able to prove actual damages. Kay wala xa nagtago ug resibo.
Example: A was killed by B. The heirs were suing for costs of
internment but they did not show receipts. They were given temperate
damages because it is apparent that they really spent for the funeral.
The court will take note that when there is someone buried, then there
were really expenses. It is awarded in lieu of actual damages that
cannot be proven in certain cases. This is however subject to the
limitation that while it is more than nominal damages, but less than
actual damages. Had the heirs been able to show receipts, they would
be awarded more. However this is only the GR, we will discuss later
the (somewhat) exceptions when we go to the cases.
Case: Pp vs. De la Tongga. G.R. No. 133246. July 31, 2000.
Other than the testimony of the victims wife, Maxima Bace, that she
spent this amount for hospital and funeral expenses, no documentary
evidence was presented by the prosecution to support this claim. We
agree with this contention. To recover actual damages, it is necessary
to prove the actual amount of loss with a reasonable degree of
certainty, on the basis of competent proof and the best evidence
obtainable by the injured party. In this case, there was no such proof
to sustain the trial courts award of actual damages. In lieu of actual
damages, accused-appellant should pay the heirs of the deceased the
amount of P15,000.00 as temperate damages. Art. 2224 of the Civil
Code provides that temperate damages may be recovered when the
court finds that some pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved with certainty.
Case: Premium Development Bank vs. CA. April 14, 2004. To
justify an award for actual damages, there must be competent proof of
the actual amount of loss. Credence can be given only to claims, which
are duly supported by receipts. In other words, damages cannot be
presumed and courts, in making an award, must point out specific
facts that can afford a basis for measuring whatever compensatory or
actual damages are borne.
Premieres failure to prove actual expenditure consequently conduces
to a failure of its claim. Even if not recoverable as compensatory
damages, Panacor may still be awarded damages in the concept of
temperate or moderate damages. When the court finds that some
pecuniary loss has been suffered but the amount cannot, from the
nature of the case, be proved with certainty, temperate damages may
be recovered.
It is obvious that the wrongful acts of Premiere Bank adversely
affected, in one way or another, the commercial credit of Panacor,
greatly contributed to, if not, decisively caused the premature
stoppage of its business operations and the consequent loss of
business opportunity. Since these losses are not susceptible to
pecuniary estimation, temperate damages may be awarded.
Here, P200,000 was awarded. On the basis of the stoppage of the
business. SC has to make an estimate as to what is the proper award
69
Case: Sumalpong vs. CA. G.R. No. 123404. February 26, 1997
There is no room to doubt that some species of injury was caused to
the complainant because of the medical expenses he incurred in
having his wounds treated, and the loss of income due to his failure to
work during his hospitalization. However, in the absence of competent
proof of the amount of actual damages, the complainant is entitled
only to nominal damages.
Normally, what would be awarded for loss of earning capacity? Actual
damages. But here the SC awarded nominal damages. What SC is
saying is that there is a specie of injury which warrants the award of
nominal damages.
Case: Soliven Realty vs. Ong. January 26, 2007.
Nominal damages are recoverable where the plaintiff has suffered
some injury the amount of which the evidence fails to show. Isnt that
a proper characterization of temperate damages, rather than nominal
damages? Although it is more general. If the amount of injury is not
determined, the award is temperate and not nominal.
Case: Manila Banking Corp. vs. IAC
This is the most confusing. Temperate or moderate damages are
proper not for indemnification of loss suffered but for the vindication
or recognition of a right violated or invaded. Isnt that the definition of
nominal damages? In this case, P5,000 as temperate damages was
awarded for attorneys fees.
So problemado ang SC sa pagsabot ug temperate ug nominal
damages.
Temperate Damages and Actual Damages Mutually Exclusive
One cannot be awarded together with the other. By nature these
classes of damages cannot be awarded in one case. If there is
pecuniary loss and it can been proven, then the court will award actual
damages as can be proven by the plaintiff. If there is pecuniary loss,
but it is of such nature that it cannot be proven with certainty by
material evidence, the court awards temperate damages.
If you award temperate, it precludes actual. If you award actual, it is
wrong to award temperate.
Exception!!!
Case: Ramos vs. CA. December 29, 1999. G.R. No. 124354.
Temperate damages can and should be awarded on top of actual or
compensatory damages in instances where the injury is chronic and
continuing. And because of the unique nature of such cases, no
incompatibility arises when both actual and temperate damages are
provided for. The reason is that these damages cover two distinct
phases.
3.
1.
done.
Because
that
iniquitous
or
4.
Summaries:
1. For liquidated damages, the proper basis for reduction is
unconscionability or inequitable.
Payment of penalty, not a substitute to performance unless there is a
2. For penal clause, the proper basis for reduction is partial
stipulation. Creditor cant ask for both performance and payment of
performance if there is partial performance. The judge shall
the fulfilment,
thereof
penalty at the same time unless theres a stipulation. If after the creditors decided to requireequitably
reducethe
theperformance
penalty when
the becomes
principal impossible
obligation without th
has been partly or irregularly complied with by the debtor.
Article 1228. Proof of actual damages suffered by the creditor
However, even if there has been no performance, the
is not necessary in order that the penalty may be demanded.
penalty may also be reduced by the courts if it is iniquitous
or unconscionable.
Same thing with liquidated damages, no proof of damage is required,
3. When asked in the bar for the distinction of penal clause vs.
only needed is to prove the breach.
liquidated damages is that - In terms of effect, there are no
practical differences. Whether treated as a penalty or an
Article 1229. The judge shall equitably reduce the penalty
indemnity, the treatment is the same.
when the principal obligation has been partly or irregularly
4. In obligations with a penal clause, the general rule is that
complied with by the debtor. Even if there has been no
the penalty serves as a substitute for the indemnity for
performance, the penalty may also be reduced by the courts if
damages and the payment of interests in case of
it is iniquitous or unconscionable.
noncompliance; that is, if there is no stipulation to the
contrary, in which case proof of actual damages is not
Article 1230. The nullity of the penal clause does not carry
necessary for the penalty to be demanded. There are
with it that of the principal obligation. The nullity of the
exceptions to the aforementioned rule, however, as
principal obligation carries with it that of the penal clause.
enumerated in paragraph 1 of Article 1226 of the Civil Code:
1) when there is a stipulation to the contrary, 2) when the
Same with liquidated damages, merely accessory. The accessory
obligor is sued for refusal to pay the agreed penalty, and 3)
follows the principal.
when the obligor is guilty of fraud. In these cases, the
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5.
EXEMPLARY DAMAGES
Article 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.
Exemplary damages cannot never be awarded together with nominal
damages. It should always be awarded together with moral,
temperate, liquidated or compensatory damages. You cannot ask the
court only for exemplary damages by way of correction or example to
the public. Therefore, you must first prove to the court that you are
entitled to the other forms of damages before you can ask for
exemplary damages. But never together with nominal damages, it has
the effect of preclusion.
It comes from the word exemplum (Latin for "example", pl. exempla,
exempli gratia = "for example", abbr.: e.g.) is a moral anecdote, brief
or extended, real or fictitious, used to illustrate a point. Its also the
source of the Spanish word ejemplo meaning example.
Under the Civil Code, it is imposed for the public to refrain from the
same deplorable conduct. Thats why in American law its also called
punitive damages so that others will not follow you. Punitive Damages
in the US, Exemplary in UK. It is awarded not to compensate the
plaintiff but to reform or deter defendant and similar from pursuing
such court of action such as that damage made.
Case: Octot vs. Ybanez January 1982
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. Such damages are required by
public policy, for wanton acts must be suppressed. They are an
antidote so that the poison of wickedness may not run through the
body politic.
Requisites:
1. They may be imposed by way of example or corrected only
in addition, among others, to compensatory damages, and
cannot he recovered as a matter of right, their determination
depending upon the amount of compensatory damages that
may be awarded to the claimant;
2. The claimant must first establish his fight to moral,
temperate, liquidated or compensatory damages;
3. The wrongful act must be accompanied by bad faith and the
award would be allowed only if the guilty party acted in a
wanton,
fraudulent,
reckless,
oppressive
or
malevolent manner.
How to Plead
No proof of pecuniary loss is required.
Article 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 circumstances of each case.
It is only the court who will decide whether you are entitled to
exemplary damages and for whatever amount it deems proper. You do
not testify that you are entitled for exemplary damages, but you testify
on the basis for the award of exemplary damages. Example: wanton,
fraudulent, reckless, oppressive or malevolent manner in the breach of
the contract.
Case: Gregoriovs. Angeles December 21, 1989
Art. 2233. Exemplary damages cannot be recovered as a
matter of right; the court will decide whether or not they
should be adjudicated.
So also, "...the amount of the exemplary damages need not be
proved... In other words, the amount payable by way of exemplary
damages may be determined in the course of the trial. The plaintiff
(the petitioners in this case) could not have therefore predicted how
much exemplary losses they had incurred.
Plus it would be error to hold that there was failure to pay the proper
docket fees, to include exemplary damages. How would you know how
much will you be claiming for exemplary damages? You cannot
determine that. You can only determine that during trial upon the
determination of the judge. Though these damages are, under the Civil
Code, damages that can not be shown with certainty, unlike actual
damages, the plaintiff must ascertain, in his estimation, the sums he
wants, and the sums required to determine the amount of docket and
other fees.
The case at bar is different. It is, in essence, a demand for specific
performance, as a consequence of a contract of loan between the
parties. The demand for exemplary damages was obviously meant to
magnify the total claims, as is the usual practice, but the failure to
specify it is not lethal. The court can assess the docketing fees on the
basis of the actual damages sought.
However, the present rule now it the case of Ayala vs. Madayag.
Case: Ayala vs. Madayag January 30, 1990 Civil Procedure.
The amount of any claim for damages, therefore, arising on or before
the filing of the complaint or any pleading, should be specified. While it
is true that the determination of certain damages as exemplary or
corrective damages is left to the sound discretion of the court, it is the
duty of the parties claiming such damages to specify the amount
sought on the basis of which the court may make a proper
determination, and for the proper assessment of the appropriate
docket fees.
So make sure, that when file a case claiming for exemplary damages,
you should provide or specify the amount. The exception contemplated
as to claims not specified or to claims although specified are left for
determination of the court is limited only to any damages that may
arise after the filing of the complaint or similar pleading for then it will
not be possible for the claimant to specify nor speculate as to the
amount thereof.
Exemplary Damages merged with Moral Damages?
Case: Singson vs. Aragon January 27, 1953
The SC awarded P50k as moral and exemplary damages. Merged.
Remember that the basis for the award of moral damages is different
for the award of exemplary damages. It may not be the usual way of
awarding damages, however, if both are found by the court to be
proper to be awarded then its okay. Its just a matter of form. The
fact, however, that the amount of exemplary damages prayed for in
the complaint has not been specified does not necessarily mean that
the case is beyond the jurisdiction of the Municipal Court.
Criminal Offenses
Article 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.
75
Labor Cases
Generally, if the dismissal was effected in a wanton, fraudulent,
reckless, oppressive, or malevolent manner, there is liability for
exemplary damages.
Article 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.
Case: Lirag Textile vs. CA April 14, 1975
The act was attended with bad faith and deceit because said petitioner
made false allegations of a supposed valid cause knowing them to be
false, thus making itself liable for payment of actual, moral and
exemplary damages. When the dismissal constitutes bad faith or fraud,
or oppressive to labor, contrary to morals, customs or public policy. If
it is tainted with unfair labor practice.
Article 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 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, the
plaintiff must show that he would be entitled to moral,
temperate or compensatory damages were it not for the
stipulation for liquidated damages.
Remember that exemplary damages can only be awarded in cases
where other forms of damages is also awarded. This means that
exemplary damages cannot be awarded alone, it has to be in addition
to the other forms of damages.
Special Rule on Liquidated Damages
Take note of the special rule relating to liquidated damages. Because
in awarding liquidated damages, it substitutes the other forms of
damages. Normally, if you award liquidated damages, you should not
anymore award exemplary damages. But here, in case liquidated
damages have been agreed upon, despite 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
damages in addition to 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.
Therefore, there would be no effect of preclusion. That is the special
rule on liquidated damages.
Waiver of Exemplary Damages
Article 2235. A stipulation whereby exemplary damages are
renounced in advance shall be null and void.
In advance. Meaning there can be no waiver in prospective direction.
But in can be done in a backward direction, such in the case of labor.
The rationale of the rule is
Article 1171. Responsibility arising from fraud is demandable
in all obligations. Any waiver of an action for future fraud is
void.
Remember that the basis of exemplary damages is fraud, and hence
you cannot waive future exemplary damages as it is tantamount to
waiver of future fraud which is void. Hence wanton, fraudulent,
reckless, oppressive and malevolent acts cannot also waived in
advance for the same reason provided for under Article 1171.
DETERMINING PROPER CO-EXISTENCE OF DAMAGES
Actual Damageswith:
76
Exemplary
Temperate
actual damages)
Nominal only
Temperate
Liquidated
Actual only
Liquidated
everything.
Moral
Exemplary
Exemplary
YES. (bestfriends)
Nominal
Nominal
Actual
Liquidated
YES.
Actual
Liquidated
NO.
77
Nominal
Liquidated only
YES. Ideal.
Actual
YES.
Temperate
YES.
Liquidated
-END-
Moral
YES, constantly.
78