Torts 1.

Plaintiff is in position of danger and unable to

the commission of an act which causes a private wrong escape
against another person 2. Defendant knew that the plaintiff was in position of
a source of obligation mentioned under Art. 1157 NCC danger
3. Defendant had last clear chance to avoid the
Elements of torts: accident but failed
Right or duty- must have a legal right or duty been done on
one party against the other party. Elements:
Act or omission 1. Both parties are negligent
Damage 2. Plaintiff is unable to escape danger and unable to
escape
Art. 2176. Whoever by act or omission causes damage to another, 3. The defendant knows that the plaintiff was in such
there being fault or negligence, is obliged to pay for the damage danger
done. Such fault or negligence, if there is no pre-existing 4. Opportunity on defendant for last clear chance to
contractual relation between the parties, is called a quasi-delict avoid it
and is governed by the provisions of this Chapter. 5. Defendant did not avail of the opportunity

Essential elements of torts (Art. 2176) Res ipsa loquitur

1. An act or omission 1. The thing speaks for itself
2. Causing damage to another 2. Presumption of negligence on defendant
3. Through fault or negligence 3. Occurs when a thing causing is under the management of
4. There being no pre-existing contractual relation between defendant and such injury occurs due to non-observance of
the two parties care
5. And there be a rational connection to the act or omission 4. Applicability
and the damage caused 1. Injury does not ordinarily occur unless there was
negligence
Art. 2177. Responsibility for fault or negligence under the 2. Thing is under exclusive control of defendant
preceding article is entirely separate and distinct from the civil 3. Injury not voluntary caused by the party injured
liability arising from negligence under the Penal Code. But the 5. Elements
plaintiff cannot recover damages twice for the same act or 1. Thing or instrumentality causing damage or injury
omission of the defendant. (n) 2. Which must be under management of the defendant
3. Accident does not ordinarily happen under the
Art. 2178. The provisions of Articles 1172 to 1174 are also ordinary care of defendant
applicable to a quasi-delict.
4. Person injured has no participation or contribution
Contracts Art. 2179. When the plaintiff's own negligence was the immediate
It may be the cause of action for quasi-delict and basis of and proximate cause of his injury, he cannot recover damages.
damages on torts when there is gross negligence or bad faith But if his negligence was only contributory, the immediate and
proximate cause of the injury being the defendant's lack of due
Contract of carriage care, the plaintiff may recover damages, but the courts shall
contract wherein the driver/carrier undertakes to carry the mitigate the damages to be awarded.
passenger to the agreed destination
There can be quasi-delict if there is bad faith on one of the Defenses available to defendant
parties outside the contractual relation 1. Assumption or risk
Applies to contractual relations wherein the plaintiff:
Civil Case Criminal Case a) assumes or b) agrees to accept the risk of known
Quasi-delicts Quasi-contract Delict (Cupla danger arising from negligence or reckless conduct of
(Culpa Aquiliana) (Culpa contractual) Criminal) the defendant
Negligence Direct, substantive Incidental to Direct,
and independent performance of substantive and
Does not apply:
contract independent o Where one person created a danger and another
Pre-existing None There is a pre- None person assumes the risk but does not get injured by
contractual existing contractual it, even though he got injured trying to withdraw
relation relation from it
Proof Preponderance of Preponderance of Proof beyond
o Those covered by Workmens Compensation Act
required evidence Evidence reasonable
(Quantum doubt
of 2. Contributory negligence
evidence) Conduct on plaintiffs part which falls below the standard to
Defense of Available Not available but Not available which he should conform for his own protection and which is
due may mitigate
diligence damages
a legally contributing cause, coopeataing with te negligence
of the defendant in bringing about the plaintiffs harm
Last clear chance Conduct on plaintiffs part on which he fails to perform up to
both parties are negligent but one has the chance to avoid it, the standards (under Art. 2179)
thus he can be charged and be held liable for damages. If contributory negligence was the proximate cause of the
plaintiffs harm, then there should be no recovery for
damages (see proximate cause).
 If the proximate cause was still the negligence of the
defendant, then the plaintiff can recover damages but it is
still mitigated due to plaintiffs contributory negligence
A plaintiff who partly responsible for his injury should bear
the consequences of his negligence.
Children below 9 years old are conclusively presumed
incapable of contributory negligence
Volenti non fit injuria
One knowing and comprehending such a change, voluntary
exposure himself to such change. He is deemed to have
assumed the risk and cannot recover damages
Substantial factor test
If the actors conduct is a substantial factor in bringing in
harm to another, the fact that the actor neither foresaw nor
should have foreseen the extent of harm if the manner in
which it had occurred does not prevent him from being liable
Proximate cause
To hold the defendant liable, there must be a direct relation
of cause and effect between the fault and damage.
That cause, in its natural and continuous sequence, unbroken
by any efficient intervening cause, produces injury, and
without which the result would have not occurred.
o But for or sine qua non rule
o Foreseeability test
o Cause and condition test
o Natural and probable causes test
Defendant negligent -> Plaintiff can recover
damages
Plaintiff negligent -> Proximate cause -> Cant recover damages
Plaintiff negligent => Not proximate cause -> Can recover damages
but still mitigated by
plaintiffs negligence
Doctrine of Limited Liability
Applies to contract of carriage
The liability of shipowner is limited to interest
No vessel, no liability if there is no negligence=> Total
extinction (under Art. 587, 590 and 837 Book III of the Code
of Commerce
Common Carrier is liable that goods be carried safely
In cases of negligence, injured parties can choose either:
Action enforcing civil liability under Art. 100 RPC
Action for quasi-delict under Art. 2176 to 2194 NCC, in
which case the employer can be held solidarily liable for
the acts of his employee.
Art. 2180. The obligation imposed by Article 2176 is demandable
not only for one's own acts or omissions, but also for those of
persons for whom one is responsible.
The father and, in case of his death or incapacity, the
mother, are responsible for the damages caused by the minor
children who live in their company.
Guardians are liable for damages caused by the minors
or incapacitated persons who are under their authority and live
in their company.
The owners and managers of an establishment or
enterprise are likewise responsible for damages caused by their
employees in the service of the branches in which the latter are
employed or on the occasion of their functions.
Employers shall be liable for the damages caused by
their employees and household helpers acting within the scope of
their assigned tasks, even though the former are not engaged in
any business or industry.
The State is responsible in like manner when it acts
through a special agent; but not when the damage has been
caused by the official to whom the task done properly pertains, in
which case what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and
trades shall be liable for damages caused by their pupils and
students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease
when the persons herein mentioned prove that they observed all
the diligence of a good father of a family to prevent damage.
Vicarious liabilities (Art. 2180)
Exception to general rule that is one is responsible for his
own acts
Responsible for those under his control or responsibility
1. Father (mother in case of fathers death or
incapacity) for the acts of their minor children in
their company.
Responsibility is alternative
2. Guardians for the acts of minors and those
incapacitated under their company (parents can be
liable as guardians)
3. Owners and managers of establishments for the acts
caused by their employees in their service
Owner/manager is presumed negligent
Requisites
Employee was chosen by
employer personally or through
another
Services rendered are in
accordance to orders given by
employer
Illicit acts done by employee
was on occasion or by reason of
functions given by employers
4. Employers for the acts of their employees and
household helpers acting within the scope of their
assigned tasks.
Under Art. 103 RPC, employer is subsidiarily liable
5. The state when acting through an agent, except
when caused by the official to whom the task
pertains, in such case Art. 2176 applies
6. Teachers and heads of establishments of arts and
trades for the acts of their students and apprentices
as long as they are in their custody.
Sexual Harassment Law (R.A. 7877)
o The acts or sexual harassment committed
must be proved
o The same acts must be committed in the
place of employment, training, education
environment
o The employer or head of office,
educational institution is informed of such
acts by the offended party.
Acts that constitute
o Submission to such conduct is made a
term or condition for employment
o Submission or rejection to such conduct is
made a basis for employment decisions
affecting the individual
 o Such conduct has the purpose or effect of
creating a hostile or interfering with the
work environment
Note: Exercise of due diligence of good father of the family can
be used as defense.
Respondeat Superior- conclusive presumption that negligence of
employee is negligence of employer
Other Provisions for Quasi-delicts
1. Art. 2181
Art. 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.
2. Art. 2182
Art. 2182. If the minor or insane person causing damage has no
parents or guardian, the minor or insane person shall be
answerable with his own property in an action against him where
a guardian ad litem shall be appointed.
3. Art. 2183- Liability of Possessors or Users of Animals
Art. 2183. The possessor of an animal or whoever may make use
of the same is responsible for the damage which it may cause,
although it may escape or be lost. This responsibility shall cease
only in case the damage should come from force majeure or from
the fault of the person who has suffered damage.
4. Art. 2184, 2185 and 2186- Liability of Owners of Motor
Vehicles (2184 is different from drivers subsidiary liability)
Art. 2184. In motor vehicle mishaps, the owner is solidarily liable
with his driver, if the former, who was in the vehicle, could have,
by the use of the due diligence, prevented the misfortune. It is
disputably presumed that a driver was negligent, if he had been
found guilty or reckless driving or violating traffic regulations at
least twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of
Article 2180 are applicable. (n)
Art. 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)
Art. 2186. Every owner of a motor vehicle shall file with the
proper government office a bond executed by a government-
controlled corporation or office, to answer for damages to third
persons. The amount of the bond and other terms shall be fixed
by the competent public official. (n)
5. Art. 2187- Liability of Manufacturers and Processors
Art. 2187. Manufacturers and processors of foodstuffs, drinks,
toilet articles and similar goods shall be liable for death or
injuries caused by any noxious or harmful substances used,
although no contractual relation exists between them and the
consumers
6. Art. 2188- Liability of Private Individuals regarding
Dangerous Weapons, Firearms and Poisons
Art. 2188. There is prima facie presumption of negligence on the
part of the defendant if the death or injury results from his
possession of dangerous weapons or substances, such as firearms
and poison, except when the possession or use thereof is
indispensable in his occupation or business.
If Private individual- prove damage only
If Indispensible- prove damage + negligence
7. Art. 2189- Liability of Municipal Corporations for damages
caused by defective Public Works under their control or
supervision
Art. 2189. Provinces, cities and municipalities shall be liable for
damages for the death of, or injuries suffered by, any person by
reason of the defective condition of roads, streets, bridges, public
buildings, and other public works under their control or
supervision.
8. Art. 2190- Liability of proprietor of building or structure for
damages caused by fall or collapse of the same if due to lack
of necessary repairs
Art. 2190. The proprietor of a building or structure is responsible
for the damages resulting from its total or partial collapse, if it
should be due to the lack of necessary repairs.
Building or structure needs necessary repairs
Propreitor failed to do such
There is partial or total collapse due to failure to do
necessary repairs
9. Art. 2191- Other liability of Proprietors for damages
Art. 2191. Proprietors shall also be responsible for damages
caused:
(1) By the explosion of machinery which has not been taken care
of with due diligence, and the inflammation of explosive
substances which have not been kept in a safe and adequate
place;
(2) By excessive smoke, which may be harmful to persons or
property;
(3) By the falling of trees situated at or near highways or lanes, if
not caused by force majeure;
(4) By emanations from tubes, canals, sewers or deposits of
infectious matter, constructed without precautions suitable to the
place.
10. Art. 2192- Damages referred to under 2190 and 2191 are as a
result of construction defect mentioned in 1723, where third
person may proceed against the architect or engineer or
contractor under period prescribed under 1723
Art. 2192. If damage referred to in the two preceding articles
should be the result of any defect in the construction mentioned
in Article 1723, the third person suffering damages may proceed
only against the engineer or architect or contractor in accordance
with said article, within the period therein fixed.
11. Art. 2193- Liability of head of family living in a building for
damages caused by things thrown or falling from the same.
Art. 2193. The head of a family that lives in a building or a part
thereof, is responsible for damages caused by things thrown or
falling from the same.
12. Art. 2194- Responsibility of 2 or more persons for quasi-
delict is solidary.
Art. 2194. The responsibility of two or more persons who are
liable for quasi-delict is solidary.
13. Art. 218 FC
Art. 218. The school, its administrators and teachers, or the
individual, entity or institution engaged in child are shall have
special parental authority and responsibility over the minor child
while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the school,
entity or institution
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