You are on page 1of 155

torts & damages A2010 -1- prof.

casis

whose profitable business was abruptly shot (sic) shot down by force - There is no record or evidence which shows that the closure of the taxi
majeur would be unfair and unjust. business was brought about by great financial losses no thanks to the
INTRODUCTION - The NLRC modified the decision of the labor arbiter after respondents
appealed by granting separation pay to the private respondents. It said
Pinatubo eruption. It was rather brought about by the closure of the
military bases.
that half of the monthly salary should be US$120 which should be paid in - Art. 283 of the CC provides that separation pay shall be equivalent to 1
Philippine pesos. Naguiat Enterprieses should be joined with Sergio and month pay or at least month pay for every year of service, whichever is
NAGUIAT V NLRC (National Organization of Antolin Naguiat as jointly and severally liable. higher. The NLRC ruling was correct in terms of US$120 as the
Workingmen and Galang) computed separation pay.
269 SCRA 565 2. Petitioners can no longer question the authority of NOWM and are held
Petitioners Claim: in estoppel.
PANGANIBAN; March 13, 1997
- Petitioners claim that the cessation of the business was due to the great Reasoning
financial losses and lost business opportunity when Clark Air Base was - NOWM was already representing the respondents before the labor
NATURE phased out due to the expiration of the RP-US Military Bases Agreement arbiter and the petitioners did not assail their juridical personality then.
Special civil action in the Supreme Court, certiorari and the eruption of Mt. Pinatubo. - Petitioners also acknowledged before the Court that the taxi drivers are
- They admitted that CFTI had agreed with the drivers union to grant the themselves parties in the case.
FACTS taxi drivers separation pay equivalent to P500 for every year of service. 3. Naguiat Enterprises is not liable, Antolin Naguiat is not personally
- Clark Field Taxi, Inc. held a concessionaires contract with the Army Air - They allege that Sergio and Antolin Naguiat were denied due process liable whereas Sergio Naguiat is solidarily liable.
Force Exchange Services for the operation of taxi services within Clark beause the petitioners were not furnished copies of the appeal to the
Air Base. Sergio Naguiat was the president of CFTI while Antolin NLRC. - Re: Naguiat Enterprises liability
Naguiat was its vice president. Like Naguiat Enterprises, Inc. which was - They also allege that NOWM cannot make legal representation in behalf Reasoning
a trading firm, it was also a family-owned corporation. of the respondents because the latter should be bound by the decision of - The respondents were regular employees of CFTI who received wages
- Respondents were employed by the CFTI as taxicab drivers. the drivers union. on a boundary basis. They offered no evidence that Naguiat Enterprises
> They were required to pay a daily boundary fee of US$26.50 (for Respondents Comments: managed, supervised and controlled their employment. They instead
those on duty from 1AM-12N) or US$27 (for those on duty from 12N to - The drivers alleged that they were employees of Naguiat Enterprises submitted documents which had to do with CFTI, not Naguiat
12 MN) although their individual applications were approved by CFTI. They Enterprises.
> Incidental expenses were maintained by the drivers (including claimed to have been assigned to Naguiat Enterprises after having been - Labor-only contractors are those where 1) the person supplying workers
gasoline expenses). hired by CFTO and that Naguia Enterprises managed, controlled and to the employer does no have substantial capital or investment in the
> Drivers worked 3-4 times a week depending on the availability of supervised their employment. form of tools or machinery and 2) the workers recruited and placed by
vehicles and earned no less than US$15.00 a day. In excess of that - They averred that they should be entitled to separation pay based on such person are performing activities which are directly related to the
amount, they had to make cash deposits to the company which they their latest daily earnings or US$15 for working 16 days a month. principal business of the employer.
could withdraw every fifteen days. - Independent contractors are those who exercise independent
- AAFES was dissolved because of the phase-out of the military bases in ISSUES employment, contracting to do a piece of work according to their own
Clark and the services of the respondents were officially terminated on 1. WON the NLRC acted in excess of jurisdiction or with grave abuse of methods without being subject to the control of their employer except as
November 26, 1991. discretion in granting separation pay to the result of their work.
- AAFES Taxi Drivers Association, the drivers union, and CFTI held 2. WON NOWM was authorized to represent the private respondents - Sergio Naguiat was a stockholder and director of Naguiat Enterprises
negotiations as regards separation benefits. They arrived at an 3. WON Naguiat Enterprieses, Sergio Naguiat and Antolin Naguiat were but, in supervising the taxi drivers and determining their employment
agreement that the separated drivers would be given P500 for ever year liable terms, he was carrying out his responsibility as president of CFTI.
as severance pay. Most of the drivers accepted this but some refused to 4. WON Sergio and Antolin Naguiat were denied due process - Naguiat Enterprises was in the trading business while CFTI was in the
do so. taxi business.
- Those who did not accept the initial severance pay disaffiliated HELD - The Constitution of the CFTI-AAFES Taxi Drivers Association states
themselves with drivers union and through the National Organization of 1. NO, the NLRC did not act in excess of jurisdiction or with abuse of that the members of the union are employees of CFTI and for collective
Workingmen, they filed a complaint against Sergio Naguiat under the discretion. and bargaining purposes, the employer is also CFTI.
name and style Naguiat Enterprises, AAFES and AAFES union. Ratio Findings of fact of administrative bodies and quasi-judicial bodies - Re: Antolin Naguiats liability
- The labor arbiter ordered the petitioner to pay the drivers P1,200 for are afforded great respect by the Court and are binding except when Reasoning
every year of service for humanitarian consideration, setting aside the there is a showing of grave abuse of discretion or the decision was - Although he carried the title of general manager, it has not been shown
earlier agreement between the CFTI and the drivers union. It also arrived at arbitrarily. that he had acted in such capacity.
rejected the idea that the CFTI was forced to close it business due to Reasoning - No evidence on the extent of his participation in the management or
great financial losses and lose opportunity since at the time of its closure - Respondents showed that their monthly take home pay amounted to no operation of the business was proferred.
it was profitably earning. The labor arbiter however did not award less than $240 and this was not disputed by petitioners. - Re: Sergio Naguiats liability
separation pay because to impose a monetary obligation to an employer
torts & damages A2010 -2- prof. casis

Ratio A director or officer may be held solidarly liable with a corporation - from CA, holding Fausto Barredo liable for damages for death pf e.g. contravention of ordinances, violation of game laws, infraction of
by a specific provision of law because a corporation, being a juridical Faustino Garcia caused by negligence of Pedro Fontanilla, a taxi driver rules of traffic when nobody is hurt
entity, may act only through its directors and officers. Obligations employed by Fausto Barredo 4) crime guilt beyond reasonable doubt; civil mere preponderance of
incurred by them, acting as such corporation agents, are not theirs but - May 3, 1936 in road between Malabon and Navotas, head-on collision evidence
the direct accountabilities of the corporation they represent. In the between taxi of Malate Taxicab and carretela guided by Pedro Dimapilis - Presumptions:
absence of definite proof of who clearly are the officers of the thereby causing overturning of the carretela and the eventual death of 1) injury is caused by servant or employee, there instantly arises
corporation, the assumption falls on the President of the corporation. Garcia, 16-yo boy and one of the passengers presumption of negligence of master or employer in selection, in
Reasoning - Fontanilla convicted in CFI and affirmed by CA and separate civil action supervision or both
- In his capacity as President, Sergio Naguiat cannot be exonerated. is reserved 2) presumption is juris tantum not juris et de jure TF may be rebutted by
- An employer is defined to be any person acting in the interest of an - Parents of Garcia filed action against Barredo as sole proprietor of proving exercise of diligence of a good father of the family
employer, directly or indirectly. Malate Taxicab as employer of Fontanilla - basis of civil law liability: not respondent superior bu the relationship of
- Case in point is A.C. Ransom Labor Union CCLU vs. NLRC held that - CFI and CA awarded damages bec Fontanillas negligence apparent as pater familias
the identified employer A.C. Ransom Corporation, being an artificial he was driving on the wrong side of the road and at a high speed - motor accidents need of stressing and accentuating the responsibility
person, must have an officer and in the absence of proof, the president is > no proof he exercised diligence of a good father of the family as of owners of motor vehicles
assumed to be the head of the corporation. Barredo is careless in employing (selection and supervision) Fontanilla
- Both CFTI and Naguiat Enterprises were close family corporations who had been caught several times for violation of Automobile Law and ELCANO V HILL
owned by the same family. To the extent that stockholders are actively speeding
77 SCRA 98
engaged in the management or business affairs of a close corporation, > CA applied A1903CC that makes inapplicable civil liability arising from
the stockholders shall be held to strict fiduciary duties to each other and crime bec this is under obligations arising from wrongful act or negligent BARREDO; May 26, 1977
among themselves. Said stockholders shall be liable for corporate torts acts or omissions punishable by law
unless the corporation has obtained reasonably adequate liability - Barredos defense is that his liability rests on RPC TF liability only NATURE
insurance. subsidiary and bec no civil action against Fontanilla TF he too cannot be Appeal from an order of the CFI Quezon City
> Nothing in the records indicate that CFTI obtained reasonable held responsible
adequate liability insurance. FACTS
> Jurisprudence is wanting in the definition of corporate tort. Tort ISSUE - Reginald Hill, a minor yet married at the time of occurrence, was
essentially consists in the violation of a right given or the omission of a WON parents of Garcia may bring separate civil action against Barredo criminally prosecuted for the killing of Agapito Elcano (son of Pedro), and
duty imposed by law. Tort is a breach of legal duty. making him primarily liable and directly responsible under A1903CC as was acquitted for lack of intent to kill, coupled with mistake.
> Art. 238 mandates the employer to grant separation pay to employer of Fontanilla - Pedro Elcano filed a complaint for recovery of damages from Reginald
employees in case of cessation of operations or closure of the and his father Atty Marvin. CFI dismissed it.
business not due to serious business losses or financial reverses HELD
which is the condition on this case. YES ISSUES
4. There was no denial of due process. - There are two actions available for parents of Garcia. One is under the 1. WON the civil action for damages is barred by the acquittal of Reginald
Reasoning A100RPC wherein the employer is only subsidiarily liable for the in the criminal case wherein the action for civil liability was not reversed
- Even if the individual Naguiats were not impleaded as parties of the damages arising from the crime thereby first exhausting the properties of 2. WON Article 2180 (2nd and last par) of the CC can be applied against
complaint, they could still be held liable because of jurisprudence (A.C. Fontanilla. The other action is under A1903CC (quasi-delict or culpa Atty. Hill, notwithstanding the fact that at the time of the occurrence,
Ransom case). aquiliana) wherein as the negligent employer of Fontanilla, Barredo is Reginald, though a minor, living with and getting subsistence from his
- Both also voluntarily submitted themselves to the jurisdiction of the held primarily liable subject to proving that he exercising diligence of a father, was already legally married
labor arbiter when they filed a position paper. good father of the family. The parents simply took the action under the
DISPOSITION The petition is partly granted. 1) CFTI and Sergio Naguiat Civil Code as it is more practical to get damages from the employer bec HELD
are ordered to pay jointly and severally the individual respondents of he has more money to give than Fontanilla who is yet to serve his 1. NO
US$120 for every year of service and 2) Naguiat Enterprises and Antolin sentence. -The acquittal of Reginal Hill in the criminal case has not extinguished his
Naguiat are absolved from liability. Obiter liability for quasi-delict, hence that acquittal is not a bar to the instant
Difference bet Crime and Quasi-delict action against him.
-Barredo v Garcia (dual charactercivil and criminal of fault or
BARREDO V GARCIA 1) crimes public interest; quasi-delict only private interest
2) Penal code punishes or corrects criminal acts; Civil Code by means of negligence as a source of obligation):
BOCOBO; July 8, 1942 "The above case is pertinent because it shows that the same act may
indemnification merely repairs the damage
3) delicts are not as broad as quasi-delicts; crimes are only punished if come under both the Penal Code and the Civil Code. In that case, the
NATURE action of the agent was unjustified and fraudulent and therefore could
there is a penal law; quasi-delicts include any kind of fault or negligence
Petition for review on certiorari have been the subject of a criminal action. And yet, it was held to be also
intervenes
NOTE: not all violations of penal law produce civil responsibility a proper subject of a civil action under article 1902 of the Civil Code. It is
FACTS
torts & damages A2010 -3- prof. casis

also to be noted that it was the employer and not the employee who was progress", to hold, as We do hold, that Article 2176, where it refers to CINCO V CANONOY
being sued." "fault or negligence," covers not only acts "not punishable by law" but
90 SCRA 369
"It will be noticed that the defendant in the above case could have been also acts criminal in character, whether intentional and voluntary or
prosecuted in a criminal case because his negligence causing the death negligent. Melencio-Herrera; May 31, 1979
of the child was punishable by the Penal Code. Here is therefore a clear - Consequently, a separate civil action lies against the offender in a
instance of the same act of negligence being a proper subject matter criminal act, whether or not he is criminally prosecuted and found guilty NATURE
either of a criminal action with its consequent civil liability arising from a or acquitted, provided that the offended party is not allowed, if he is Petition for review on certiorari
crime or of an entirely separate and independent civil action for fault or actually charged also criminally, to recover damages on both scores, and
negligence under article 1402 of the Civil Code. Thus, in this jurisdiction, would be entitled in such eventuality only to the bigger award of the two, FACTS
the separate individuality of a cuasi-delito or culpa aquiliana under the assuming the awards made in the two cases vary. - Cinco filed on Feb 25, 19701 a complaint for recovery of damages on
Civil Code has been fully and clearly recognized, even with regard to a - Briefly stated, We here hold, in reiteration of Garcia, that culpa aquiliana account of a vehicular accident involving his automobile and a jeepney
negligent act for which the wrongdoer could have been prosecuted and includes voluntary and negligent acts which may be punishable by law. driven by Romeo Hilot and operated by Valeriana Pepito and Carlos
convicted in a criminal case aria for which, after un a conviction, he could 2. YES (but) Pepito.
have been sued for this civil liability arising from his crime. - Article 2180 applies to Atty. Hill notwithstanding the emancipation by - Subsequently, a criminal case was filed against the driver Romeo Hilot
-Culpa aquiliana includes acts which are criminal in character or in marriage of Reginald. (However, inasmuch as it is evident that Reginald arising from the same accident.
violation of a penal law, whether voluntary or negligent. is now of age, as a matter of equity, the liability of Atty. Hill has become - At the pre-trial in the civil case, counsel for private respondents moved
-ART 1162: "Obligations derived from quasi-delicts shall be governed by milling, subsidiary to that of his son.) to suspend the civil action pending the final determination of the criminal
the provisions of Chapter 2, Title XVII of this Book, (on quasi-delicts) and - While it is true that parental authority is terminated upon emancipation suit.
by special laws." More precisely, Article 2177 of the new code provides: of the child (Article 327, Civil Code), and under Article 397, emancipation - The City Court of Mandaue ordered the suspension of the civil case.
"ART 277. Responsibility for fault or negligence under the preceding takes place "by the marriage of the minor (child)", it is, however, also Petitioners MFR having been denied, he elevated the matter on
article is entirely separate and distinct from the civil liability arising front clear that pursuant to Article 399, emancipation by marriage of the Certiorari to the CFI Cebu., which in turn dismissed the petition.
negligence under the Penal Code. But the plaintiff cannot recover minor is not really full or absolute. Thus "(E)mancipation by marriage Plaintiffs claims:
damages twice for the same act or omission of the defendant." or by voluntary concession shall terminate parental authority over the - it was the fault r negligence of the driver in the operation of the jeepney
- According to the Code Commission: "The foregoing provision (Article child's person. It shall enable the minor to administer his property as owned by the Pepitos which caused the collision.
2177) through at first sight startling, is not so novel or extraordinary when though he was of age, but he cannot borrow money or alienate or - Damages were sustained by petitioner because of the collision
we consider the exact nature of criminal and civil negligence. The former encumber real property without the consent of his father or mother, or - There was a direct causal connection between the damages he suffered
is a violation of the criminal law, while the latter is a 'culpa aquilian' or guardian. He can sue and be sued in court only with the assistance of his and the fault and negligence of private respondents.
quasi-delict, of ancient origin, having always had its own foundation and father, mother or guardian." Respondents Comments:
individuality, separate from criminal negligence. Such distinction between - Under Article 2180, "(T)he obligation imposed by article 2176 is - They observed due diligence in the selection and supervision of
criminal negligence and 'culpa extra-contractual' or 'cuasi-delito' has demandable not only for one's own acts or omissions, but also for those employees, particularly of Romeo Hilot.
been sustained by decision of the Supreme Court of Spain and of persons for whom one is responsible. The father and, in case of his
maintained as clear, sound and perfectly tenable by Maura, an death or incapacity, the mother, are responsible. The father and, in case ISSUE
outstanding Spanish jurist. Therefore, under the proposed Article 2177, of his death or incapacity, the mother, are responsible for the damages WON there can be an independent civil action for damage to property
acquittal from an accusation of criminal negligence, whether on caused by the minor children who live in their company." during the pendency of the criminal action
reasonable doubt or not, shall not be a bar to a subsequent civil action, - In the instant case, it is not controverted that Reginald, although
not for civil liability arising from criminal negligence, but for damages due married, was living with his father and getting subsistence from him at the HELD
to a quasi-delict or 'culpa aquiliana'. But said article forestalls a double time of the occurrence in question. Factually, therefore, Reginald was still YES
recovery," subservient to and dependent on his father, a situation which is not - Liability being predicated on quasi-delict, the civil case may proceed as
- Although, again, this Article 2177 does seem to literally refer to only unusual. a separate and independent civil action, as specifically provided for in Art
acts of negligence, the same argument of Justice Bacobo about - It must be borne in mind that, according to Manresa, the reason behind 2177 of the Civil Code.
construction that upholds "the spirit that giveth life" rather than that which the joint and solidary liability of parents with their offending child under - The separate and independent civil action for quasi-delict is also clearly
is literal that killeth the intent of the lawmaker should be observed in Article 2180 is that is the obligation of the parent to supervise their minor recognized in sec 2, Rule 111 of the Rules of Court:
applying the same. And considering that me preliminary chapter on children in order to prevent them from causing damage to third persons. Sec 2. Independent civil action. In the cases prvided for in
human relations of the new Civil Code definitely establishes the - On the other hand, the clear implication of Article 399, in providing that Articles 31, 32, 33, 34 and 2177 of the Civil Code f the
separability and independence of liability in a civil action for acts criminal a minor emancipated by marriage may not, nevertheless, sue or be sued Philippines, an independent civil action entirely separate and
in character (under Articles 29 to 12) from the civil responsibility arising without the assistance of the parents, is that such emancipation does not distinct from the criminal action, may be brought by the injured
from crime fixed by Article 100 of the Revised Penal Code, and, in a carry with it freedom to enter into transactions or do any act that can give party during the pendency of the criminal case, provided the
sense, the Rules of Court, under Sections 2 and 3 (c), Rule 111, rise to judicial litigation. And surely, killing someone else invites judicial right is reserved as required in the preceding section. Such civil
contemplate also the same separability, its "more congruent with the action. action shall proceed independently of the criminal prosecution,
spirit of law, equity and justice, and more in harmony with modern and shall require only a preponderance of evidence.
torts & damages A2010 -4- prof. casis

- Petitioners cause of action is based on quasi-delict. The concept 3,000 pesos attys. fees plus litigation expenses. Petitioner appealed this - The existing rule is that a breach of promise to marry per se is not an
of quasi-delict, as enunciated in Art 2176 of the Civil Code, is so decision to respondent CA, contending that the trial court erred in not actionable wrong. Congress deliberately eliminated from the draft of the
broad that in includes not only injuries to persons but also damage dismissing the case for lack of factual and legal basis and in ordering him New Civil Code the provisions that would have made it so. The reason
to property. It makes no distinction between damage to persons to pay moral damages, attys fees, etc. therefor is set forth in the report of the Senate Committees on the
on the one hand and damage to property on the other. The word - Respondent CA promulgated the challenged decision affirming in toto Proposed Civil Code, from which We quote:
damage is used in two concepts: the harm done and reparation the trial courts ruling which prompted Baksh to file this petition for The elimination of this chapter is proposed. That breach of promise to
for the harm done. And with respect to harm it is plain that it certiorari, raising the single issue of WON Art. 21 applies to this case. marry is not actionable has been definitely decided in the case of De
includes both injuries to person and property since harm is not Jesus vs. Syquia. The history of breach of promise suits in the United
limited to personal but also to property injuries. ISSUE States and in England has shown that no other action lends itself more
DISPOSITION Writ of Certiorari granted. WON damages may be recovered for a breach of promise to marry on readily to abuse by designing women and unscrupulous men...
the basis of Art.21 of the Civil Code - This notwithstanding, the said Code contains a provision, Article 21,
which is designed to expand the concept of torts or quasi-delict in this
BAKSH V CA (Gonzales)
HELD jurisdiction by granting adequate legal remedy for the untold number of
219 SCRA 115 1. YES moral wrongs which is impossible for human foresight to specifically
DAVIDE, JR; Feb.19, 1993 Ratio In a breach of promise to marry where the woman is a victim of enumerate and punish in the statute books.
moral seduction, Art. 21 may be applied. - As the Code Commission itself stated in its Report:
Reasoning But the Code Commission has gone farther than the sphere of
NATURE - Where a mans promise to marry is in fact the proximate cause of the wrongs defined or determined by positive law. Fully sensible that there
Appeal by certiorari to review and set aside the CA decision which acceptance of his love by a woman and his representation to fulfill that are countless gaps in the statutes, which leave so many victims of moral
affirmed in toto the RTCs decision promise becomes the proximate cause of the giving of herself unto him in wrongs helpless, even though they have actually suffered material and
sexual congress, proof that he had, in reality, no intention of marrying her moral injury, the Commission has deemed it necessary, in the interest of
FACTS and that the promise was only a subtle scheme or deceptive device to justice, to incorporate in the proposed Civil Code the following rule:
- Private respondent Marilou Gonzales (MG) filed a complaint for entice or inveigle to accept him and to obtain her consent to the sexual Art.21 Any person who wilfully causes loss or injury to another in a
damages against petitioner Gashem Shookat Baksh for the alleged act, could justify the award of damages pursuant to Art.21 not because of manner that is contrary to morals, good customs or public policy shall
violation of their agreement to get married. such promise to marry but because of the fraud and deceit behind it and compensate the latter for the damage.
**MGs allegations in the complaint: the willful injury to her honor and reputation which followed thereafter. It An example will illustrate the purview of the foregoing norm: 'A'
- That she is a 22 yr. old Filipina, single, of good moral character and is essential however, that such injury should have been committed in a seduces the nineteen-year old daughter of 'X.' A promise of marriage
respected reputation in her community. manner contrary to morals, good customs or public policy. either has not been made, or can not be proved. The girl becomes
- That Baksh is an Iranian citizen, residing in Dagupan, and is an - In the instant case, respondent Court found that it was the petitioner's pregnant. Under the present laws, there is no crime, as the girl is above
exchange student taking up medicine at the Lyceum in Dagupan. "fraudulent and deceptive protestations of love for and promise to marry 18 yrs of age. Neither can any civil action for breach of promise of
- That Baksh later courted and proposed to marry her. MG accepted his plaintiff that made her surrender her virtue and womanhood to him and to marriage be filed. Therefore, though the grievous moral wrong has been
love on the condition that they would get married. They later agreed to live with him on the honest and sincere belief that he would keep said committed, and although the girl and her family have suffered
get married at the end of the school semester. Petitioner had visited promise, and it was likewise these fraud and deception on appellant's incalculable moral damage, she and her parents cannot bring any action
MGs parents to secure their approval of the marriage. Baksh later forced part that made plaintiff's parents agree to their daughter's living-in with for damages. But under the proposed article, she and her parents would
MG to live with him. A week before the filing of the complaint, petitioner him preparatory to their supposed marriage. In short, the private have such a right of action.
started maltreating her even threatening to kill her and as a result of such respondent surrendered her virginity, the cherished possession of every Thus at one stroke, the legislator, if the foregoing rule is approved,
maltreatment, she sustained injuries. A day before the filing of the single Filipina, not because of lust but because of moral seduction. The would vouchsafe adequate legal remedy for that untold number of moral
complaint, Baksh repudiated their marriage agreement and asked her not petitioner could not be held liable for criminal seduction punished under wrongs which it is impossible for human foresight to provide for
to live with him anymore and that he is already married to someone in either Art.337 or Art.338 of the RPC because the private respondent was specifically in the statutes.
Bacolod. She prayed for payment for damages amounting to Php 45,000 above 18 years of age at the time of the seduction. - Art.2176 CC, which defines a quasi-delict, is limited to negligent acts or
plus additional costs. - Moreover, it is the rule in this jurisdiction that appellate courts will not omissions and excludes the notion of willfulness or intent. Quasi-delict,
- Baksh answered with a counterclaim, admitting only the personal disturb the trial court's findings as to the credibility of witnesses, the latter known in Spanish legal treatises as culpa aquiliana, is a civil law concept
circumstances of the parties in the complaint but denied the rest of the court having heard the witnesses and having had the opportunity to while torts is an Anglo-American or common law concept. Torts is much
allegations. He claimed that he never proposed marriage to or agreed to observe closely their deportment and manner of testifying, unless the trial broader than culpa aquiliana because it includes not only negligence, but
be married; neither sought the consent of her parents nor forced her to court had plainly overlooked facts of substance or value which, if intentional criminal acts as well such as assault and battery, false
live in his apt.; did not maltreat her but only told her to stop coming to his considered, might affect the result of the case. Petitioner has miserably imprisonment and deceit. In the general scheme of the Philippine legal
place after having discovered that she stole his money and passport. He failed to convince Us that both the appellate and trial courts had system envisioned by the Commission responsible for drafting the New
also prayed for 25,000 as moral damages plus misc. expenses. overlooked any fact of substance or value which could alter the result of Civil Code, intentional and malicious acts, with certain exceptions, are to
- The RTC, applying Art. 21 CC decided in favor of private respondent. the case. be governed by the Revised Penal Code while negligent acts or
Petitioner was thus ordered to pay Php 20,000 as moral damages and **Obiter: on Torts and Quasi-delicts omissions are to be covered by Art.2176 CC. In between these opposite
torts & damages A2010 -5- prof. casis

spectrums are injurious acts which, in the absence of Art.21, would have garlic bulbs before retiring at 9:00 oclock. The next morning, he busied motive on the part of the accused when the latter has been positively
been beyond redress. Thus, Art.21 fills that vacuum. It is even postulated himself with some chores, which included fertilizing his pepper plants with identified as the author of the crime.
that together with Articles 19 and 20 of the Civil Code, Art.21 has greatly sulfate. He handled the fertilizers without gloves. He said that he uses - on their excuses regarding the source of the gunpowder traces found on
broadened the scope of the law on civil wrongs; it has become much his left hand in lighting cigarettes and he had no motive to kill the victims. their hands: Experts confirm the possibility that cigarettes, fertilizers and
more supple and adaptable than the Anglo-American law on torts. - Bulusan echoed the defense of alibi of Galo and Ballesteros urine may leave traces of nitrates, but these are minimal and, unlike
DISPOSITION finding no reversible error in the challenged decision, the - The trial court found the three accused guilty beyond reasonable doubt those found in gunpowder, may be washed off with tap water.
instant petition is hereby DENIED of murder, qualified by treachery, and ordered them to pay jointly and - on the defense of alibi: for the defense of alibi to prosper, the accused
solidarily: must prove, not only that he was at some other place at the time of the
1. The heirs of Jerry Agliam compensatory damages in the amount of commission of the crime, but also that it was physically impossible for
PEOPLE V BALLESTEROS P50,000.00, moral damages in the amount of P20,000.00, and actual him to be at the locus delicti or within its immediate vicinity. This
285 SCRA 438 damages in the amount of P35,755.00, with interest; accused-appellants failed to satisfactorily prove. Positive identification
ROMERO; January 29, 1998 2. The heirs of the late Eduardo Tolentino, Sr., compensatory damages in prevails over denials and alibis.
the amount of P50,000.00, moral damages in the amount of P20,000.00, - None of them attempted to corroborate their alibi through the testimony
NATURE and actual damages in the total amount of P61,785.00, with interest; of witnesses. In fact, they never attempted to present as witnesses those
An appeal from the decision of the Regional Trial Court finding the 3. Carmelo Agliam, actual damages in the amount of P2,003.40, and who could have testified to having seen them elsewhere on the night in
accused guilty beyond reasonable doubt of murder, qualified by moral damages in the amount of P10,000.00, with interest; question.
treachery. 4. Vidal Agliam Jr., Robert Cacal and Ronnel Tolentino, moral damages 2. YES
in the amount of P5,000.00 each, with interest. Ratio The requisites of treachery are twofold: (1) (t)hat at the time of the
FACTS 5. The costs. attack, the victim was not in a position to defend himself; and (2) that the
- evening of May 28, 1991, Carmelo Agliam, his half-brother Eduardo offender consciously adopted the particular means, method or form of
Tolentino, Ronnel Tolentino, Vidal Agliam, his brother Jerry Agliam, ISSUES attack employed by him.
Robert Cacal, Raymundo Bangi and Marcial Barid converged at a 1. WON the trial court was correct in finding accused-appellants guilty Reasoning
carinderia owned by Ronnel Tolentino. They proceeded to attend a beyond reasonable doubt - Here, it is obvious that the accused-appellants had sufficient opportunity
dance but did not stay long because they sensed some hostility from 2. WON the Court correctly ruled in finding that the offense was qualified to reflect on their heinous plan. The facts show that the attack was well-
Cesar Galo and his companions who were giving them dagger looks. In by treachery planned and not merely a result of the impulsiveness of the
order to avoid trouble, especially during the festivity, they decided to 3. WON the Court was correct in the award of damages to the heirs of offenders. Manifestations of their evil designs were already apparent as
head for home instead of reacting to the perceived provocation of Galo the victims early as the time of the dance. They were well-armed and approached
and his companions. the homebound victims, totally unaware of their presence, from
- The group had barely left when their owner jeep was fired upon from the HELD behind. There was no opportunity for the latter to defend themselves
rear. Vidal Agliam was able to jump out from the jeep and landed just 1. YES 3. YES
beside it, scurried to the side of the road and hid in the ricefield. His Ratio Absolute certainty of guilt is not demanded by law to convict a Ratio Damages may be defined as the pecuniary compensation,
younger brother Jerry also managed to jump out, but was shot in the person of a criminal charge. The doubt to the benefit of which an accused recompense, or satisfaction for an injury sustained, or as otherwise
stomach and died. Carmelo Agliam, Robert Cacal and Ronnel Tolentino is entitled in a criminal trial is a reasonable doubt, not a whimsical or expressed, the pecuniary consequences which the law imposes for the
sustained injuries. Eduardo Tolentino was not even able to move from his fanciful doubt based on imagined but wholly improbable possibilities and breach of some duty or the violation of some right. Actual or
seat and was hit with a bullet which punctured his right kidney which unsupported by evidence. Reasonable doubt is that engendered by an compensatory damages are those awarded in satisfaction of, or in
caused his death. investigation of the whole proof and inability, after such investigation, to recompense for, loss or injury sustained, whereas moral damages may
- Based upon the affidavits of Carmelo and Vidal Agliam, warrants for the let the mind rest easy upon the certainty of guilt. be invoked when the complainant has experienced mental anguish,
arrest of Ballesteros, Galo and Bulusan were issued. - All pleaded not Reasoning serious anxiety, physical suffering, moral shock and so forth, and had
guilty. Paraffin tests conducted on Galo and Ballesteros produced - In their testimonies, Carmelo and Vidal Agliam both described the area furthermore shown that these were the proximate result of the offenders
positive results. Bulusan was not tested for nitrates. to be well illumined by the moon. Considering the luminescence of the wrongful act or omission.
- In his testimony, Galo claimed that he did not even talk to Bulusan or moon and the proximity between them, the victims could distinctly identify Reasoning
any of his companions. Having been found with gunpowder residue in their assailants. Also, the constant interaction between them through the - In granting actual or compensatory damages, the party making a claim
his hands, Galo attempted to exculpate himself from the results by years (in the buying and selling of cattle and Bulusan was a classmate of for such must present the best evidence available, viz., receipts,
confessing that he had been a cigarette smoker for the past ten years Vidal) would necessarily lead to familiarity with each other such that, at vouchers, and the like, as corroborated by his testimony. Here, the claim
and had, in fact, just consumed eight cigarette sticks prior to the test., the very least, one would have been able to recognize the other easily for actual damages by the heirs of the victims is not controverted, the
and that his hand may have been contaminated by a nitrogenous - That accused-appellants had no motive in perpetrating the offense is same having been fully substantiated by receipts accumulated by them
compound, the source of which is urine. Lastly, he said that he was not irrelevant. Motive is the moving power which impels one to action for a and presented to the court. Therefore, the award of actual damages is
even present at the crime scene definite result. Intent, on the other hand, is the purpose to use a proper. However, the order granting compensatory damages to the heirs
- Ballesteros interposed the defense of alibi, that he went to a nearby particular means to effect such result. The prosecution need not prove of Jerry Agliam and Eduardo Tolentino Sr. must be amended. Consistent
store to purchase some cigarettes. He returned home and cleaned his with the policy of this Court, the amount of P 50,000.00 is given to the
torts & damages A2010 -6- prof. casis

heirs of the victims by way of indemnity, and not as compensatory actual damages, P30K as moral damages and P10K as exemplary
damages. As regards moral damages, the amount of psychological pain, damages). Mfr denied. Hence this appeal. THE CONCEPT OF QUASI-
damage and injury caused to the heirs of the victims, although
inestimable, may be determined by the trial court in its discretion. Hence, ISSUES DELICT
we see no reason to disturb its findings as to this matter. 1. WON the grant of right of way to herein private respondents is proper
DISPOSITION The decision appealed from is hereby AFFIRMED WITH 2. WON CA erred in awarding damages to plaintiff-appellee Mabasa
GARCIA V FLORIDO
MODIFICATION.
HELD [CITATION]
CUSTODIO V CA (Heirs Of Mabasa) 1. Ratio Whenever an appeal is taken in a civil case, an appellee who ANTONIO; [DATE]
has not himself appealed may not obtain from the appellate court any
253 SCRA 483
affirmative relief other than what was granted in the decision of the lower NATURE
REGALADO; February 9, 1996 court Appeal by certiorari from the decision of the Court of First Instance of
Reasoning Misamis Occidental, dismissing petitioners' action for damages against
NATURE - Petitioners are already barred from raising the same. Petitioners did not respondents, Mactan Transit Co., Inc. and Pedro Tumala, "without
Petition for review on certiorari of a decision of CA appeal from the decision of the court a quo granting private respondents prejudice to refiling the said civil action after conviction of the defendants
the right of way, hence they are presumed to be satisfied with the in the criminal case filed by the Chief of Police of Sindangan, Zamboanga
FACTS adjudication therein. With the finality of the judgment of the trial court as del Norte", and from the order of said Court dated January 21, 1972,
- The plaintiff-appellee Mabasa owns a parcel of land with a two-door to petitioners, the issue of propriety of the grant of right of way has denying petitioners' motion for reconsideration.
apartment erected thereon situated at Interior P. Burgos St., Palingon, already been laid to rest.
Tipas, Tagig, Metro Manila. As access to P. Burgos Street from plaintiff's 2. YES FACTS
property, there are 2 possible passageways. The first passageway is Ratio There is no cause of action for acts done by one person (in this - On August 4, 1971, petitioners, German C. Garcia, Chief of the Misamis
approximately one meter wide and is about 20m distant from Mabasa's case, upon his own property) in a lawful and proper manner, although Occidental Hospital, together with his wife, Luminosa L. Garcia, and
residence to P. Burgos St. Such path is passing in between the row of such acts incidentally cause damage or an unavoidable loss to another, Ester Francisco, bookkeeper of said hospital, hired and boarded a PU car
houses of defendants. The second passageway is about 3m in width. In as such damage or loss is damnum absque injuria. with plate No. 241-8 G Ozamis 71 owned and operated by respondent,
passing thru said passageway, a less than a meter wide path through the Reasoning Marcelino Inesin, and driven by respondent, Ricardo Vayson, for a
septic tank and with 5-6m in length, has to be traversed. [1] To warrant the recovery of damages, there must be both a right of roundtrip from Oroquieta City to Zamboanga City, for the purpose of
- When said property was purchased by Mabasa, there were tenants action for a legal wrong inflicted by the defendant, and damage resulting attending a conference of chiefs of government hospitals, hospital
occupying the remises and who were acknowledged by plaintiff Mabasa to the plaintiff therefrom. administrative officers, and bookkeepers of Regional Health Office No. 7
as tenants. However, sometime in February, 1982, one of said tenants [2] Obiter: There is a material distinction between damages and injury. at Zamboanga City.
vacated the apartment and when plaintiff Mabasa went to see the Injury is the illegal invasion of a legal right; damage is the loss, hurt, or - At about 9:30 a.m., while the PU car was negotiating a slight curve on
premises, he saw that there had been built an adobe fence in the first harm which results from the injury; and damages are the recompense or the national highway at kilometer 21 in Barrio Guisukan, Sindangan,
passageway making it narrower in width. Said adobe fence was first compensation awarded for the damage suffered. Thus, there can be Zamboanga del Norte, said car collided with an oncoming passenger bus
constructed by defendants Santoses along their property which is also damage without injury in those instances in which the loss or harm was (No. 25) with plate No. 77-4 W Z.N. 71 owned and operated by the
along the first passageway. Defendant Morato constructed her adobe not the result of a violation of a legal duty. These situations are often Mactan Transit Co., Inc. and driven by defendant, Pedro Tumala. As a
fence and even extended said fence in such a way that the entire called damnum absque injuria. result of the aforesaid collision, petitioners sustained various physical
passageway was enclosed. And it was then that the remaining tenants of [3] In order that the law will give redress for an act causing damage, that injuries which necessitated their medical treatment and hospitalization.
said apartment vacated the area. Defendant Cristina Santos testified that act must be not only hurtful, but wrongful. There must be damnum et - Alleging that both drivers of the PU car and the passenger bus were at
she constructed said fence because there was an incident when her injuria. The injury must result from a breach of duty or a legal wrong. the time of the accident driving their respective vehicles at a fast clip, in a
daughter was dragged by a bicycle pedalled by a son of one of the [4] In this case, although there was damage, there was no legal injury. reckless, grossly negligent and imprudent manner in gross violation of
tenants in said apartment along the first passageway. She also Contrary to the claim of private respondents, petitioners could not be said traffic rules and without due regard to the safety of the passengers
mentioned some other inconveniences of having at the front of her house to have violated the principle of abuse of right (Art.21 CC) aboard the PU car, petitioners, German C. Garcia, Luminosa L. Garcia,
a pathway such as when some of the tenants were drunk and would [5] The act of petitioners in constructing a fence within their lot is a valid and Ester Francisco, filed on September 1, 1971 with respondent Court
bang their doors and windows. Some of their footwear were even lost. exercise of their right as owners, hence not contrary to morals, good of First Instance of Misamis Occidental an action for damages (Civil Case
- TC ordered (a) defendant-appellants Custodios and Santoses to give customs or public policy. The law recognizes in the owner the right to No. 2850) against the private respondents, owners and drivers,
plaintiff permanent access ingress and egress, to the public street; (b) enjoy and dispose of a thing, without other limitations than those respectively, of the PU car and the passenger bus that figured in the
the plaintiff to pay defendants Custodios and Santoses P8,000 as established by law. It is within the right of petitioners, as owners, to collision, with prayer for preliminary attachment.
indemnity for the permanent use of the passageway. enclose and fence their property (See Art.430 CC). - The principal argument advanced by Mactan Inc. et. al to in a motion to
- Private respondents, went to CA raising the sole issue of WON lower DISPOSITION The appealed decision of CA is REVERSED and SET dismiss was that the petitioners had no cause of action for on August 11,
court erred in not awarding damages in their favor. CA affirming TC ASIDE and the judgment of the trial court is REINSTATED. 1971, or 20 days before the filing of the present action for damages,
judgment with modification, awarding damages to plaintiffs (P65K as respondent Pedro Tumala was charged in Criminal Case No. 4960 of the
torts & damages A2010 -7- prof. casis

Municipal Court of Sindangan, Zamboanga del Norte, in a complaint filed action for quasi-delict or culpa extracontractual. The former is a violation petitioners. Certainly excessive speed in violation of traffic rules is a clear
by the Chief of Police and that, with the filing of the aforesaid criminal of the criminal law, while the latter is a distinct and independent indication of negligence. Since the same negligent act resulted in the
case, no civil action could be filed subsequent thereto unless the criminal negligence, having always had its own foundation and individuality. Some filing of the criminal action by the Chief of Police with the Municipal Court
case has been finally adjudicated, pursuant to Sec. 3 of Rule 111 of the legal writers are of the view that in accordance with Article 31, the civil (Criminal Case No. 4960) and the civil action by petitioners, it is
Rules of Court, and, therefore, the filing of the instant civil action is action based upon quasi-delict may proceed independently of the inevitable that the averments on the drivers' negligence in both
premature, because the liability of the employer is merely subsidiary and criminal proceeding for criminal negligence and regardless of the result of complaints would substantially be the same. It should be emphasized
does not arise until after final judgment has been rendered finding the the latter. Hence, "the proviso in Section 2 of Rule 111 with reference to . that the same negligent act causing damages may produce a civil liability
driver, Pedro Tumala, guilty of negligence; that Art. 33 of the New Civil . . Articles 32, 33 and 34 of the Civil Code is contrary to the letter and arising from a crime under Art. 100 of the Revised Penal Code or create
Code, is not applicable because Art 33 applied only to the crimes of spirit of the said articles, for these articles were drafted . . . and are an action for quasi-delict or culpa extra-contractual under Arts. 2176-
physical injuries or homicide, not to the negligent act or imprudence of intended to constitute as exceptions to the general rule stated in what is 2194 of the New Civil Code. This distinction has been amply explained in
the driver. now Section 1 of Rule 111. The proviso, which is procedural, may also be Barredo vs. Garcia, et all (73 Phil. 607, 620-621).
- The lower court sustained Mactan Inc. et. Al. and dismissed the regarded as an unauthorized amendment of substantive law, Articles 32, - It is true that under Sec. 2 in relation to Sec. 1 of Rule 111 of the
complaint 33 and 34 of the Civil Code, which do not provide for the reservation Revised Rules of Court which became effective on January 1, 1964, in
required in the proviso." the cases provided for by Articles 31, 33, 39 and 2177 of the Civil Code,
ISSUES - But in whatever way We view the institution of the civil action for an independent civil action entirely separate and distinct from the civil
1. WON the lower court erred in dismissing the complaint for damages on recovery of damages under quasi-delict by petitioners, whether as action, may be instituted by the injured party during the pendency of the
the ground that since no express reservation was made by the one that should be governed by the provisions of Section 2 of Rule criminal case, provided said party has reserved his right to institute it
complainants, the civil aspect of the criminal case would have to be 111 of the Rules which require reservation by the injured party separately, but it should be noted, however, that neither Section 1 nor
determined only after the termination of the criminal case considering that by the institution of the civil action even before the Section 2 of Rule 111 fixes a time limit when such reservation shall be
2. WON the lower court erred in saying that the action is not based on commencement of the trial of the criminal case, petitioners have made.
quasi-delict since the allegations of the complaint in culpa aquiliana must thereby foreclosed their right to intervene therein, or one where
not be tainted by any assertion of violation of law or traffic rules or reservation to file the civil action need not be made, for the reason SEPARATE OPINION
regulations and because of the prayer in the complaint asking the Court that the law itself (Article 33 of the Civil Code) already makes the
to declare the defendants jointly and severally liable for moral, reservation and the failure of the offended party to do so does not
BARREDO [concur]
compensatory and exemplary damages bar him from bringing the action, under the peculiar circumstances
- Article 2176 and 2177 definitely create a civil liability distinct and
. of the case, We find no legal justification for respondent court's
different from the civil action arising from the offense of negligence under
HELD order of dismissal.
the Revised Penal Code. Since Civil Case No. 2850 is predicated on the
1. YES 2. YES, because the action in fact satisfies the elements of quasi-delict.
above civil code articles and not on the civil liability imposed by the
Ratio An action based on quasi-delict may be maintained independently Ratio An action shall be deemed to be based on a quasi-delict when all
Revised Penal Code, I cannot see why a reservation had to be made in
from a criminal action. By instituting a civil action based on a quasi- the essential averments under Articles 2176-2194 of the New Civil Code
the criminal case. As to the specific mention of Article 2177 in Section 2
delict, a complainant may be deemed to abandon his/her right to press are present, namely:
of the Rule 111, it is my considered view that the latter provision is
recovery for damages in the criminal case. a) act or omission of the private respondents;
inoperative, it being substantive in character and is not within the power
Reasoning b) presence of fault or negligence or the lack of due care in the operation
of the Supreme Court to promulgate, and even if it were not substantive
- In the case at bar, there is no question that petitioners never intervened of the passenger bus No. 25 by respondent Pedro Tumala resulting in the
but adjective, it cannot stand because of its inconsistency with Article
in the criminal action instituted by the Chief of Police against respondent collision of the bus with the passenger car;
2177, an enactment of the legislature superseding the Rules of 1940.
Pedro Tumala, much less has the said criminal action been terminated c) physical injuries and other damages sustained by petitioners as a
- Besides, the actual filing of Civil Case No. 2850 should be deemed as
either by conviction or acquittal of said accused. result of the collision;
the reservation required, there being no showing that prejudice could be
- It is, therefore, evident that by the institution of the present civil action d) existence of direct causal connection between the damage or
caused by doing so.
for damages, petitioners have in effect abandoned their right to press prejudice and the fault or negligence of private respondents; and
- Accordingly, I concur in the judgment reversing the order of dismissal of
recovery for damages in the criminal case, and have opted instead to e) the absence of pre-existing contractual relations between the parties.
the trial court in order that Civil Case No. 2850 may proceed, subject to
recover them in the present civil case. Reasoning
the limitation mentioned in the last sentence of Article 2177 of the Civil
- As a result of this action of petitioners the civil liability of private - The circumstance that the complaint alleged that respondents violated
Code, which means that of the two possible judgments, the injured
respondents to the former has ceased to be involved in the criminal traffic rules in that the driver drove the vehicle "at a fast clip in a reckless,
party is entitled exclusively to the bigger one.
action. Undoubtedly an offended party loses his right to intervene in the grossly negligent and imprudent manner in violation of traffic rules and
prosecution of a criminal case, not only when he has waived the civil without due regard to the safety of the passengers aboard the PU car"
action or expressly reserved his right to institute, but also when he has does not detract from the nature and character of the action, as one ANDAMO V IAC (Missionaries Of Our Lady Of La
actually instituted the civil action. For by either of such actions his interest based on culpa aquiliana. The violation of traffic rules is merely Salette, Inc)
in the criminal case has disappeared. descriptive of the failure of said driver to observe for the protection of the 191 SCRA 195
- As we have stated at the outset, the same negligent act causing interests of others, that degree of care, precaution and vigilance which
FERNAN; November 6, 1990
damages may produce a civil liability arising from crime or create an the circumstances justly demand, which failure resulted in the injury on
torts & damages A2010 -8- prof. casis

NATURE conviction or acquittal would render meaningless the independent - Article 2176 1of the Civil Code imposes a civil liability on a person for
Petition for certiorari, prohibition and mandamus character of the civil action and the clear injunction in Article 31, that his damage caused by his act or omission constituting fault or negligence.
action may proceed independently of the criminal proceedings and - Article 2176, whenever it refers to "fault or negligence", covers not only
FACTS regardless of the result of the latter." acts "not punishable by law" but also acts criminal in character, whether
- Petitioner spouses Emmanuel and Natividad Andamo are the owners of Reasoning intentional and voluntary or negligent. Consequently, a separate civil
a parcel of land situated in Biga (Biluso) Silang, Cavite which is adjacent - A careful examination of the complaint shows that the civil action is one action lies against the offender in a criminal act, whether or not he is
to that of private respondent, Missionaries of Our Lady of La Salette, Inc., under Articles 2176 and 2177 of the Civil Code on quasi-delicts. All the criminally prosecuted and found guilty or acquitted, provided that the
a religious corporation. elements of a quasi-delict are present, to wit: (a) damages suffered by offended party is not allowed, (if the tortfeasor is actually charged also
- Within the land of respondent corporation, waterpaths and contrivances, the plaintiff, (b) fault or negligence of the defendant, or some other criminally), to recover damages on both scores, and would be entitled in
including an artificial lake, were constructed, which allegedly inundated person for whose acts he must respond; and (c) the connection of cause such eventuality only to the bigger award of the two, assuming the
and eroded petitioners' land, caused a young man to drown, damaged and effect between the fault or negligence of the defendant and the awards made in the two cases vary.
petitioners' crops and plants, washed away costly fences, endangered damages incurred by the plaintiff. - The distinctness of quasi-delicta is shown in Article 21772 of the Civil
the lives of petitioners and their laborers during rainy and stormy - The waterpaths and contrivances built by respondent corporation are Code. According to the Report of the Code Commission "the foregoing
seasons, and exposed plants and other improvements to destruction. alleged to have inundated the land of petitioners. There is therefore, an provision though at first sight startling, is not so novel or extraordinary
- In July 1982, petitioners instituted a criminal action against Efren assertion of a causal connection between the act of building these when we consider the exact nature of criminal and civil negligence. The
Musngi, Orlando Sapuay and Rutillo Mallillin, officers and directors of waterpaths and the damage sustained by petitioners. Such action if former is a violation of the criminal law, while the latter is a distinct and
respondent corporation, for destruction by means of inundation under proven constitutes fault or negligence which may be the basis for the independent negligence, which is a "culpa aquiliana" or quasi-delict, of
Article 324 of the Revised Penal Code. recovery of damages. ancient origin, having always had its own foundation and individuality,
- On February 22, 1983, petitioners filed a civil case for damages with - In the case of Samson vs. Dionisio, the Court applied Article 1902, now separate from criminal negligence. Such distinction between criminal
prayer for the issuance of a writ of preliminary injunction against Article 2176 of the Civil Code and held that "any person who without due negligence and "culpa extra-contractual" or "cuasi-delito" has been
respondent corporation. Hearings were conducted including ocular authority constructs a bank or dike, stopping the flow or communication sustained by decisions of the Supreme Court of Spain ... In the case of
inspections on the land. between a creek or a lake and a river, thereby causing loss and damages Castillo vs. Court of Appeals, this Court held that a quasi-delict or culpa
- On April 26, 1984, the trial court issued an order suspending further to a third party who, like the rest of the residents, is entitled to the use aquiliana is a separate legal institution under the Civil Code with a
hearings in the civil case until after judgment in the related Criminal and enjoyment of the stream or lake, shall be liable to the payment of an substantivity all its own, and individuality that is entirely apart and
Case. And later on dismissed the Civil Case for lack of jurisdiction, as the indemnity for loss and damages to the injured party. independent from a delict or crime a distinction exists between the civil
criminal case which was instituted ahead of the civil case was still - While the property involved in the cited case belonged to the public liability arising from a crime and the responsibility for quasi-delicts or
unresolved.The decision was based on Section 3 (a), Rule III of the domain and the property subject of the instant case is privately owned, culpa extra-contractual. The same negligence causing damages may
Rules of Court which provides that "criminal and civil actions arising from the fact remains that petitioners' complaint sufficiently alleges that produce civil liability arising from a crime under the Penal Code, or create
the same offense may be instituted separately, but after the criminal petitioners have sustained and will continue to sustain damage due to the an action for quasi-delicts or culpa extra-contractual under the Civil Code.
action has been commenced the civil action cannot be instituted until final waterpaths and contrivances built by respondent corporation. Indeed, the Therefore, the acquittal or conviction in the criminal case is entirely
judgment has been rendered in the criminal action." recitals of the complaint, the alleged presence of damage to the irrelevant in the civil case, unless, of course, in the event of an acquittal
- Petitioners appealed from that order to the Intermediate Appellate petitioners, the act or omission of respondent corporation supposedly where the court has declared that the fact from which the civil action
Court. constituting fault or negligence, and the causal connection between the arose did not exist, in which case the extinction of the criminal liability
- On February 17, 1986, respondent Appellate Court affirmed the order of act and the damage, with no pre-existing contractual obligation between would carry with it the extinction of the civil liability.
the trial court. A motion for reconsideration filed by petitioners was denied the parties make a clear case of a quasi delict or culpa aquiliana.
by the Appellate Court . - It must be stressed that the use of one's property is not without TAYLOR V MANILA ELECTRIC
limitations. Article 431 of the Civil Code provides that "the owner of a
16 PHIL 8
ISSUE thing cannot make use thereof in such a manner as to injure the rights of
WON a corporation, which has built through its agents, waterpaths, water a third person." SIC UTERE TUO UT ALIENUM NON LAEDAS. CARSON; March 22, 1910
conductors and contrivances within its land, thereby causing inundation Moreover, adjoining landowners have mutual and reciprocal duties which
and damage to an adjacent land, can be held civilly liable for damages require that each must use his own land in a reasonable manner so as NATURE
under Articles 2176 and 2177 of the Civil Code on quasi-delicts such that not to infringe upon the rights and interests of others. Although we An action to recover damages for the loss of an eye and other injuries,
the resulting civil case can proceed independently of the criminal case recognize the right of an owner to build structures on his land, such instituted by David Taylor, a minor, by his father, his nearest relative.
structures must be so constructed and maintained using all reasonable
HELD care so that they cannot be dangerous to adjoining landowners and can
1 Article 2176. Whoever by act or omission causes damage to another, there being fault or
Ratio YES. As held in In Azucena vs. Potenciano, in quasi-delicts, "(t)he withstand the usual and expected forces of nature. If the structures cause negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-
civil action is entirely independent of the criminal case according to injury or damage to an adjoining landowner or a third person, the latter existing contractual relation between the parties, is called a quasi-delict and is governed by the
Articles 33 and 2177 of the Civil Code. There can be no logical can claim indemnification for the injury or damage suffered. provisions of this chapter.
2 Article 2177. Responsibility for fault or negligence under the preceding article is entirely separate
conclusion than this, for to subordinate the civil action contemplated in and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff
the said articles to the result of the criminal prosecution whether it be cannot recover damages twice for the same act or omission of the defendant.
torts & damages A2010 -9- prof. casis

The father, and on his death or incapacity the mother, is liable for the intervention of his action between the negligent act of defendant in
FACTS damages caused by the minors who live with them. leaving the caps exposed on its premises and the accident which
- The defendant is a foreign corporation engaged in the operation of a Owners or directors of an establishment or enterprise are equally resulted in his injury should not be held to have contributed in any wise to
street railway and an electric light system in the city of Manila. The liable for damages caused by their employees in the service of the the accident, which should be deemed to be the direct result of
plaintiff, David Taylor, was at the time when he received the injuries branches in which the latter may be employed or on account of their defendant's negligence in leaving the caps exposed at the place where
complained of, 15 years of age, the son of a mechanical engineer, more duties. they were found by the plaintiff, and this latter the proximate cause of the
mature than the average boy of his age, and having considerable The liability referred to in this article shall cease when the persons accident which occasioned the injuries sustained by him.
aptitude and training in mechanics. mentioned therein prove that they employed all the diligence of a good - In support of his contention, counsel for plaintiff relies on the doctrine
- On the 30th of September, 1905, plaintiff, with a boy named Manuel father of a family to avoid the damage. laid down in many of the courts of last resort in the United States in the
Claparols, about 12 years of age, crossed the footbridge to the Isla del ART. 1908 The owners shall also be liable for the damage caused cases known as the "Torpedo" and "Turntable" cases, and the cases
Provisor, for the purpose of visiting one Murphy, an employee of the 1 By the explosion of machines which may not have been cared for based thereon.
defendant, who and promised to make them a cylinder for a miniature with due diligence, and for kindling of explosive substances which may - As laid down in Railroad Co. vs. Stout (17 Wall. (84 U. S.), 657),
engine. Finding on inquiry that Mr. Murphy was not in his quarters, the not have been placed in a safe and proper place. wherein the principal question was whether a railroad company was
boys, impelled apparently by youthful curiosity and perhaps by the - Counsel for the defendant and appellant rests his appeal strictly upon liable for in injury received by an infant while upon its premises, from idle
unusual interest which both seem to have taken in machinery, spent his contention that the facts proven at the trial do not established the curiosity, or for purposes of amusement, if such injury was, under
some time in wandering about the company's premises. liability of the defendant company under the provisions of these articles. circumstances, attributable to the negligence of the company), the
- After watching the operation of the travelling crane used in handling the principles on which these cases turn are that "while a railroad company is
defendant's coal, they walked across the open space in the neighborhood ISSUE not bound to the same degree of care in regard to mere strangers who
of the place where the company dumped in the cinders and ashes from WON the defendants negligence is the proximate cause of plaintiff's are unlawfully upon its premises that it owes to passengers conveyed by
its furnaces. Here they found some twenty or thirty brass fulminating caps injuries it, it is not exempt from responsibility to such strangers for injuries arising
scattered on the ground. They are intended for use in the explosion of from its negligence or from its tortious acts;" and that "the conduct of an
blasting charges of dynamite, and have in themselves a considerable HELD infant of tender years is not to be judged by the same rule which governs
explosive power. they opened one of the caps with a knife, and finding NO that of adult. While it is the general rule in regard to an adult that to entitle
that it was filled with a yellowish substance they got matches, and David - We are of opinion that under all the circumstances of this case the him to recover damages for an injury resulting from the fault or
held the cap while Manuel applied a lighted match to the contents. An negligence of the defendant in leaving the caps exposed on its premises negligence of another he must himself have been free from fault, such is
explosion followed, causing more or less serious injuries to all three. was not the proximate cause of the injury received by the plaintiff. not the rule in regard to an infant of tender years. The care and caution
Jessie, who when the boys proposed putting a match to the contents of - We agree with counsel for appellant that under the Civil Code, as under required of a child is according to his maturity and capacity only, and this
the cap, became frightened and started to run away, received a slight cut the generally accepted doctrine in the United States, the plaintiff in an is to be determined in each case by the circumstances of the case."
in the neck. Manuel had his hand burned and wounded, and David was action such as that under consideration, in order to establish his right to - The doctrine of the case of Railroad Company vs. Stout was vigorously
struck in the face by several particles of the metal capsule, one of which a recovery, must establish by competent evidence: controverted and sharply criticized in several courts. But the doctrine of
injured his right eye to such an extent as to the necessitate its removal by (1) Damages to the plaintiff. the case is controlling in our jurisdiction.
the surgeons who were called in to care for his wounds. (2) Negligence by act or omission of which defendant personally, or - This conclusion is founded on reason, justice, and necessity, and
- The evidence does definitely and conclusively disclose how the caps some person for whose acts it must respond, was guilty. neither is contention that a man has a right to do what will with his own
came to be on the defendant's premises, nor how long they had been (3) The connection of cause and effect between the negligence and property or that children should be kept under the care of their parents or
there when the boys found them. the damage. guardians, so as to prevent their entering on the premises of others is of
- No measures seems to have been adopted by the defendant company - These proposition are, of course, elementary, and do not admit of sufficient weight to put in doubt.
to prohibit or prevent visitors from entering and walking about its discussion, the real difficulty arising in the application of these principles - But while we hold that the entry of the plaintiff upon defendant's
premises unattended, when they felt disposed so to do. to the particular facts developed in the case under consideration. property without defendant's express invitation or permission would not
- The trial court's decision, awarding damages to the plaintiff, upon the - It is clear that the accident could not have happened and not the have relieved defendant from responsibility for injuries incurred there by
provisions of article 1089 of the Civil Code read together with articles fulminating caps been left exposed at the point where they were found, or plaintiff, without other fault on his part, if such injury were attributable to
1902, 1903, and 1908 of that code. if their owner had exercised due care in keeping them in an appropriate the negligence of the defendant, we are of opinion that under all the
ART. 1089 Obligations are created by law, by contracts, by quasi- place; but it is equally clear that plaintiff would not have been injured had circumstances of this case the negligence of the defendant in leaving the
contracts, and illicit acts and omissions or by those in which any kind he not, for his own pleasure and convenience, entered upon the caps exposed on its premises was not the proximate cause of the injury
of fault or negligence occurs. defendant's premises, and strolled around thereon without the express received by the plaintiff, which therefore was not, properly speaking,
ART. 1902 A person who by an act or omission causes damage to permission of the defendant, and had he not picked up and carried away "attributable to the negligence of the defendant," and, on the other hand,
another when there is fault or negligence shall be obliged to repair the the property of the defendant which he found on its premises, and had he we are satisfied that plaintiffs action in cutting open the detonating cap
damage so done. not thereafter deliberately cut open one of the caps and applied a match and putting match to its contents was the proximate cause of the
ART. 1903 The obligation imposed by the preceding article is to its contents. explosion and of the resultant injuries inflicted upon the plaintiff, and that
demandable, not only for personal acts and omissions, but also for - But counsel for plaintiff contends that because of plaintiff's youth and the defendant, therefore is not civilly responsible for the injuries thus
those of the persons for whom they should be responsible. inexperience, his entry upon defendant company's premises, and the incurred. Plaintiff contends, upon the authority of the Turntable and
torts & damages A2010 - 10 - prof. casis

Torpedo cases, that because of plaintiff's youth the intervention of his - Pedro Tayag was riding a motorcycle when he was bumped by a AQUINO [concur]
action between the negligent act of the defendant in leaving the caps Philippine Rabbit Bus, driven by Romeo Villa, which caused his - I concur because petitioners' action for damages is based on article
exposed on its premises and the explosion which resulted in his injury instantaneous death. Pending the criminal case against the driver, the 2177 of the Civil Code, under which according to the Code Commission,
should not be held to have contributed in any wise to the accident; and it heirs of Tayag instituted a civil action to recover damages from the "acquittal from an accusation of criminal negligence, whether on
is because we can not agree with this proposition, although we accept company (Phil Rabbit Bus Inc) and the driver. In turn, the company and reasonable doubt or not, shall not be a bar to a subsequent civil action,
the doctrine of the Turntable and Torpedo cases, that we have thought driver filed a motion to suspend trial of the civil case on the ground that not for civil liability from criminal negligence, but for damages due to a
proper to discuss and to consider that doctrine at length in this decision. the criminal case was still pending. Judge Alcantara granted this motion. quasi-delict or culpa aquiliana".
- In the case at bar, plaintiff at the time of the accident was a well-grown - In the criminal case, the driver as acquitted based on reasonable doubt. Article 33 of the Civil Code also justifies the petitioners' independent civil
youth of 15, more mature both mentally and physically than the average The company and driver then filed for dismissal of the civil case on the action for damages since the term "physical injuries" therein embraces
boy of his age; he had been to sea as a cabin boy; was able to earn ground that the heirs do not have a cause of action because of the death (Dyogi vs. Yatco, 100 Phil. 1095).
P2.50 a day as a mechanical draftsman thirty days after the injury was acquittal. Judge Alcantara granted this and dismissed the civil case. - Moreover, the acquittal of Romeo Villa was based on reasonable doubt.
incurred; and the record discloses throughout that he was exceptionally The petitioners, as plaintiffs in the civil case, can amend their complaint
well qualified to take care of himself. The evidence of record leaves no ISSUE and base their action also on article 29 NCC which allows an
room for doubt that, despite his denials on the witness stand, he well WON Judge Alcantara correctly dismissed the civil case on the ground of independent civil action for damages in case of acquittal on the ground of
knew the explosive character of the cap with which he was amusing no cause of action due to the acquittal of the driver reasonable doubt.
himself. - The requirement in section 2, Rule III of the Rules of Court that there
- True, he may not have known and probably did not know the precise HELD should be a reservation in the criminal cases of the right to institute an
nature of the explosion which might be expected from the ignition of the 1. NO independent civil action is contrary to law.
contents of the cap, and of course he did not anticipate the resultant Ratio The petitioners' cause of action being based on a quasi-delict, the
injuries which he incurred; but he well knew that a more or less acquittal of the driver of the crime charged is not a bar to the prosecution
dangerous explosion might be expected from his act, and yet he willfully, for damages based on quasi-delict PEOPLE V LIGON
recklessly, and knowingly produced the explosion. It would be going far Reasoning 152 SCRA 419
to say that "according to his maturity and capacity" he exercised such - Art. 31, NCC provides: When the civil action is based on an obligation YAP; July 29, 1987
and "care and caution" as might reasonably be required of him, or that not arising from the act or omission complained of as a felony, such civil
defendant or anyone else should be held civilly responsible for injuries action may proceed independently of the criminal proceedings and NATURE
incurred by him under such circumstances. regardless of the result of the latter Appeal from the judgment of the RTC Manila
We are satisfied that the plaintiff in this case had sufficient capacity and - Evidently, this provision refers to a civil action based on an obligation
understanding to be sensible of the danger to which he exposed himself arising from quasi-delict. The complaint itself shows that the claim was FACTS
when he put the match to the contents of the cap; that he was sui juris in based on quasi-delit, viz: - February 17, 1986, RTC convicted Fernando Gabat, of Robbery with
the sense that his age and his experience qualified him to understand 6. That defendant Philippine Rabbit Bus Lino, Inc., has failed to exercise Homicide and sentencing him to reclusion perpetua where he robbed and
and appreciate the necessity for the exercise of that degree of caution the diligence of a good father of a family in the selection and supervision killed Jose Rosales y Ortiz, a seventeen-year old working student who
which would have avoided the injury which resulted from his own of its employees, particularly defendant Romeo Villa y Cunanan. was earning his keep as a cigarette vendor. He was allegedly robbed of
deliberate act; and that the injury incurred by him must be held to have Otherwise, the accident in question which resulted in the death of Pedro his cigarette box containing cigarettes worth P300.00 more or less.
been the direct and immediate result of his own willful and reckless act, Tayag, Sr. and damage to his property would not have occurred; Rogelio Ligon,the co-accused, was never apprehended and is still at
so that while it may be true that these injuries would not have been All the essential averments for a quasi-delictual action are present: large.
incurred but for the negligence act of the defendant in leaving the caps (1) act or omission constituting fault /negligence on the part of - October 23, 1983 - at about 6:10 p.m. Gabat, was riding in a 1978
exposed on its premises, nevertheless plaintiff's own act was the respondent Volkswagen Kombi owned by his father and driven by the other accused,
proximate and principal cause of the accident which inflicted the injury. (2) damage caused by the said act or omission Ligon which was coming from Espaa Street going towards the direction
(3) direct causal relation between the damage and the act or omission of Quiapo. At the intersection of Quezon Boulevard and Lerma Street
and
TAYAG V ALCANTARA before turning left towards the underpass at C.M. Recto Avenue, they
(4) no preexisting contractual relation between the parties. stopped. While waiting, Gabat beckoned a cigarette vendor, Rosales to
98 SCRA 723 Citing Elcano v Hill: a separate civil action lies against the offender in a buy some cigarettes from him. Rosales approached the Kombi and
CONCEPCION; July 23, 1980 criminal act, WON he is criminally prosecuted and found guilty or handed Gabat two sticks of cigarettes. While this transaction was
acquitted, provided that offended party is not allowed to recover damages occurring, the traffic light changed to green, and the Kombi driven by
NATURE on both scores Rogelio Ligon suddenly moved forward. As to what precisely happened
Petition for review on certiorari the order of CFI Tarlac (dismissing DISPOSITION petition granted. Order of CFI Tarlac set aside, case between Gabat and Rosales at the crucial moment, and immediately
petition for damages) REMANDED to lower court for further proceedings. thereafter, is the subject of conflicting versions by the prosecution
and the defense. It is not controverted, however, that as the Kombi
FACTS SEPARATE OPINION continued to speed towards Quiapo, Rosales clung to the window of
the Kombi but apparently lost his grip and fell down on the
torts & damages A2010 - 11 - prof. casis

pavement. Rosales was rushed by some bystanders to the Philippine latter could not have fallen down, having already been able to balance prosecution must be established beyond reasonable doubt, only a
General Hospital, where he was treated for multiple physical injuries and himself on the stepboard. preponderance of evidence is required in a civil action for damages.
was confined thereat until his death on October 30, 1983. - On the other hand, the trial court dismissed as incredible the testimony - Article 29 of the Civil Code, which provides that the acquittal of the
- Following close behind (about 3 meters) the Kombi at the time of the of Gabat that the cigarette vendor placed the cigarette box on the accused on the ground that his guilt has not been proved beyond
incident was a taxicab driven by Castillo. He was traveling on the same windowsill of the Kombi, holding it with his left hand, while he was trying reasonable doubt does not necessarily exempt him from civil liability for
lane in a slightly oblique position. The Kombi did not stop after the victim to get from his pocket the change for the 5peso bill of Gabat. The court the same act or omission, has been explained by the Code Commission
fell down on the pavement near the foot of the underpass, Castillo said that it is of common knowledge that cigarette vendors plying their as follows:
pursued it as it sped towards Roxas Boulevard, beeping his horn to make trade in the streets do not let go of their cigarette box; no vendor lets go "The old rule that the acquittal of the accused in a criminal case also
the driver stop. When they reached the Luneta near the Rizal monument, of his precious box of cigarettes in order to change a peso bill given by a releases him from civil liability is one of the most serious flaws in the
Castillo saw an owner-type jeep with two persons in it. He sought their customer. Philippine legal system. It has given rise to numberless instances of
assistance in chasing the Kombi, telling them "nakaaksidente ng tao." miscarriage of justice, where the acquittal was due to a reasonable doubt
The two men in the jeep joined the chase and at the intersection of Vito ISSUE in the mind of the court as to the guilt of the accused. The reasoning
Cruz and Roxas Boulevard, Castillo was able to overtake the Kombi WON the prosecutions set of facts should be given credence followed is that inasmuch as the civil responsibility is derived from the
when the traffic light turned red. He immediately blocked the Kombi while criminal offense, when the latter is not proved, civil liability cannot be
the jeep pulled up right behind it. The two men on board the jeep turned HELD demanded.
out to be police officers, Patrolmen Leonardo Pugao and Peter Ignacio. NO "This is one of those cases where confused thinking leads to unfortunate
They drew their guns and told the driver, Rogelio Ligon, and his - a careful review of the record shows that certain material facts and and deplorable consequences. Such reasoning fails to draw a clear line
companion, Fernando Gabat, to alight from the Kombi. It was found out circumstances had been overlooked by the trial court which, if taken into of demarcation between criminal liability and civil responsibility, and to
that there was a third person inside the Kombi, a certain Rodolfo account, would alter the result of the case in that they would introduce an determine the logical result of the distinction. The two liabilities are
Primicias who was sleeping at the rear seat. element of reasonable doubt which would entitle the accused to acquittal. separate and distinct from each other, One affects the social order and
- The three were all brought by the police officers to the Western Police - While the prosecution witness, Castillo, may be a disinterested witness the other, private rights. One is for the punishment or correction of the
District and turned over to Pfc. Fermin Payuan. The taxicab driver, with no motive, according to the court a quo, "other than to see that offender while the other is for reparation of damages suffered by the
Prudencio Castillo, also went along with them. Payuan also prepared a justice be done," his testimony, even if not tainted with bias, is not entirely aggrieved party. The two responsibilities are so different from each other
Traffic Accident Report, dated October 23, 1983.6 Fernando Gabat and free from doubt because his observation of the event could have been that article 1813 of the present (Spanish) Civil Code reads thus: "There
Rodolfo Primicias were released early morning the following day, but faulty or mistaken. The taxicab which Castillo was driving was lower in may be a compromise upon the civil action arising from a crime; but the
Rogelio Ligon was detained and turned over to the City Fiscal's Office for height compared to the Kombi in which Gabat was riding-a fact admitted public action for the imposition of the legal penalty shall not thereby be
further investigation. by Castillo at the trial. extinguished." It is just and proper that, for the purposes of the
- December 6, 1983 - Investigating Fiscal Cantos, filed an information - Judicial notice may also be taken of the fact that the rear windshield of imprisonment of or fine upon the accused, the offense should be proved
against Rogelio Ligon charging him with Homicide thru Reckless the 1978 Volkswagon Kombi is on the upper portion, occupying beyond reasonable doubt. But for the purpose of indemnifying the
Imprudence. approximately one-third (1/3) of the rear end of the vehicle, thus making it complaining party, why should the offense also be proved beyond
- October 31, 1983 - an autopsy was conducted by the medico-legal visually difficult for Castillo to observe clearly what transpired inside the reasonable doubt? Is not the invasion or violation of every private right to
officer of NBI which stated the cause of death of Rosales as "pneumonia Kombi at the front end where Gabat was seated. These are be proved only by a preponderance of evidence? Is the right of the
hypostatic, bilateral, secondary to traumatic injuries of the head." circumstances which must be taken into consideration in evaluating aggrieved person any less private because the wrongful act is also
- June 28, 1984 - Assistant Fiscal Cantos filed another information Castillo's testimony as to what exactly happened between Gabat and the punishable by the criminal law?
against Rogelio Ligon and Fernando Gabat for Robbery with Homicide cigarette vendor during that crucial moment before the latter fell down. As DISPOSITION Appellant acquitted for the crime of robbery and
based on a Supplemental Affidavit of Prudencio Castillo and a joint the taxicab was right behind the Kombi, following it at a distance of about homicide, but sentenced to indemnify the heirs of Jose Rosales y Ortiz.
affidavit of Armando Espino and Romeo Castil, cigarette vendors, who three meters, Castillo's line of vision was partially obstructed by the back
allegedly witnessed the incident . These affidavits were already prepared part of the Kombi. His testimony that he saw Gabat grab the cigarette box PADILLA V CA (Vergara)
and merely sworn to before Fiscal Cantos on January 17, 1984. from Rosales and forcibly pry loose the latter's hand from the windowsill
129 SCRA 558
- prosecution tried to establish, through the sole testimony of the taxicab of the Kombi is thus subject to a reasonable doubt, specially considering
driver that Gabat grabbed the box of cigarettes from Rosales and pried that this occurrence happened in just a matter of seconds, and both GUTIERREZ; [date]
loose the latter's hand from the window of the Kombi, resulting in the vehicles during that time were moving fast in the traffic.
latter falling down and hitting the pavement. - Considering the above circumstances, the Court is not convinced with NATURE
- The trial court gave full credence to the prosecution's version, stating moral certainty that the guilt of the accused Fernando Gabat has been Petition of rcertiorari to revies the decision of the Court of Appeals
that there can be no doubt that Gabat forcibly took or grabbed the established beyond reasonable doubt. In our view, the quantum of proof
cigarette box from Rosales because, otherwise, there could be no reason necessary to sustain Gabat's conviction of so serious a crime as robbery FACTS
for the latter to run after the Kombi and hang on to its window. The court with homicide has not been met in this case. He is therefore entitled to - Petitioners, on or about February 8, 1964, went to the public market to
also believed Castillo's testimony that Gabat forcibly removed or pried off acquittal on reasonable doubt. execute an alleged order of the Mayor to clear the public market of stalls
the right hand of Rosales from the windowsill of the Kombi, otherwise, the - However, it does not follow that a person who is not criminally liable is which were considered as nuisance per se. The stall of one Antonio
also free from civil liability. While the guilt of the accused in a criminal Vergara was demolished pursuant to this order. In the process however
torts & damages A2010 - 12 - prof. casis

the stock in trade and certain furniture of Vergara were lost and Help Clinic and General Hospital. Prior to March 22, 1991, Lydia was certificate states "shock" as the immediate cause of death and
destroyed. examined by the petitioner who found a "myoma" in her uterus, and "Disseminated Intravascular Coagulation (DIC)" as the antecedent cause.
- The petitioners were found guilty of grave coercion after trial at the CFI scheduled her for a hysterectomy operation on March 23, 1991.
and were sentenced to five months and one day imprisonment and - Rowena and her mother slept in the clinic on the evening of March 22, ISSUE
ordered to pay fines. 1991 as the latter was to be operated on the next day at 1:00 o'clock in WON the circumstances are sufficient to sustain a judgment of conviction
- On appeal, the CA reversed the findings of the CFI and acquitted the the afternoon. According to Rowena, she noticed that the clinic was against the petitioner for the crime of reckless imprudence resulting in
appellants based on reasonable doubt but nonetheless ordered them to untidy and the window and the floor were very dusty prompting her to ask homicide
pay P9,600.00 as actual damages. The decision of the CA was based on the attendant for a rag to wipe the window and the floor with. Because of
the fact that the petitioners were charged with coercion when they should the untidy state of the clinic, Rowena tried to persuade her mother not to HELD
have been more appropriately charged with crime against person. Hence, proceed with the operation. NO
the crime of grave coercion was not proved in accordance with the law. - The following day, Rowena asked the petitioner if the operation could - The elements of reckless imprudence are: (1) that the offender does or
- The petitioner filed the appeal to the SC questioning the grant of actual be postponed. The petitioner called Lydia into her office and the two had fails to do an act; (2) that the doing or the failure to do that act is
damages despite a no guilty verdict. a conversation. Lydia then informed Rowena that the petitioner told her voluntary; (3) that it be without malice; (4) that material damage results
that she must be operated on as scheduled. from the reckless imprudence; and (5) that there is inexcusable lack of
ISSUE - Rowena and her other relatives waited outside the operating room while precaution on the part of the offender, taking into consideration his
WON the CA committed a reversible error in requiring the petitioners to Lydia underwent operation. While they were waiting, Dr. Ercillo went out employment or occupation, degree of intelligence, physical condition, and
pay civil indemnity to the complainants after acquitting them from the of the operating room and instructed them to buy tagamet ampules which other circumstances regarding persons, time and place.
criminal charge Rowena's sister immediately bought. About one hour had passed when - WON has committed an "inexcusable lack of precaution" in the
Dr. Ercillo came out again this time to ask them to buy blood for Lydia. treatment of his patient is to be determined according to the standard of
They bought type "A" blood and the same was brought by the attendant care observed by other members of the profession in good standing
HELD into the operating room. under similar circumstances bearing in mind the advanced state of the
NO - After the lapse of a few hours, the petitioner informed them that the profession at the time of treatment or the present state of medical
- The SC, quoting Section 3 (C) of Rule 111 of the Rules of Court and operation was finished. The operating staff then went inside the science.
various jurisprudence including PNB vs Catipon, De Guzman vs Alvia, petitioner's clinic to take their snacks. Some thirty minutes after, Lydia - For whether a physician or surgeon has exercised the requisite degree
held that extinction of the penal action does not carry with it the was brought out of the operating room in a stretcher and the petitioner of skill and care in the treatment of his patient is, in the generality of
extinction of the civil, unless the extinction proceeds from a declaration in asked Rowena and the other relatives to buy additional blood for Lydia. cases, a matter of expert opinion. The deference of courts to the expert
the final judgment that the facts from which the civil action might arise did Unfortunately, they were not able to comply with petitioner's order as opinion of qualified physicians stems from its realization that the latter
not exist. In the case at bar, the judgment of not guilty was based on there was no more type "A" blood available in the blood bank. possess unusual technical skills which laymen in most instances are
reasonable doubt. Since the standard of proof to be used in civil cases is - Thereafter, a person arrived to donate blood which was later transfused incapable of intelligently evaluating. Expert testimony should have been
preponderance of evidence, the court express a finding that the to Lydia. Rowena then noticed her mother, who was attached to an offered to prove that the circumstances cited by the courts below are
defendants offenses are civil in nature. oxygen tank, gasping for breath. Apparently the oxygen supply had run constitutive of conduct falling below the standard of care employed by
- The Court also tackled the provision of Article 29 of the Civil Code to out and Rowena's husband together with the driver of the accused had to other physicians in good standing when performing the same operation. It
clarify whether a separate civil action is required when the accused in a go to the San Pablo District Hospital to get oxygen. Lydia was given the must be remembered that when the qualifications of a physician are
criminal prosecution is acquitted on the ground that his guilt has not been fresh supply of oxygen as soon as it arrived. admitted, as in the instant case, there is an inevitable presumption that in
proved beyond reasonable doubt. The SC took the position that the said - At around 10pm, she went into shock and her blood pressure dropped proper cases he takes the necessary precaution and employs the best of
provision merely emphasizes that a civil action for damages is not to 60/50. Lydia's unstable condition necessitated her transfer to the San his knowledge and skill in attending to his clients, unless the contrary is
precluded by an acquittal for the same criminal act. The acquittal Pablo District Hospital so she could be connected to a respirator and sufficiently established. This presumption is rebuttable by expert opinion
extinguishes the criminal liability but not the civil liability particularly if the further examined. The transfer to the San Pablo City District Hospital was which is so sadly lacking in the case at bench.
finding is not guilty based on reasonable ground. without the prior consent of Rowena nor of the other relatives present - Even without expert testimony, that petitioner was recklessly imprudent
who found out about the intended transfer only when an ambulance in the exercise of her duties as a surgeon, no cogent proof exists that any
arrived to take Lydia to the San Pablo District Hospital. Rowena and her of these circumstances caused petitioner's death. Thus, the absence of
CRUZ V CA (UMALI)
other relatives then boarded a tricycle and followed the ambulance. the fourth element of reckless imprudence: that the injury to the person or
282 SCRA 188 - Upon Lydia's arrival at the San Pablo District Hospital, she was wheeled property was a consequence of the reckless imprudence.
FRANCISCO; 1997 into the operating room and the petitioner and Dr. Ercillo re-operated on - In litigations involving medical negligence, the plaintiff has the burden of
her because there was blood oozing from the abdominal incision. The establishing appellant's negligence and for a reasonable conclusion of
NATURE attending physicians summoned Dr. Bartolome Angeles, head of the negligence, there must be proof of breach of duty on the part of the
Civil action for damages in a medical malpractice suit. Obstetrics and Gynecology Department of the San Pablo District surgeon as well as a casual connection of such breach and the resulting
Hospital. However, when Dr. Angeles arrived, Lydia was already in shock death of his patient.
FACTS and possibly dead as her blood pressure was already 0/0. While
- Rowena Umali De Ocampo accompanied her mother to the Perpetual petitioner was closing the abdominal wall, the patient died. Her death PHIL. RABBIT V PEOPLE
torts & damages A2010 - 13 - prof. casis

[citation] - The decision convicting an employee in a criminal case is binding and plaintiff was due to the fact that his foot alighted upon one of these
conclusive upon the employer not only with regard to the formers civil melons at the moment he stepped upon the platform. His statement that
PANGANIBAN; April 14, 2004
liability, but also with regard to its amount. The liability of an employer he failed to see these objects in the darkness is readily to be credited.
cannot be separated from that of the employee. - The plaintiff was drawn from under the car in an unconscious condition,
NATURE
DISPOSITION Petition is hereby DENIED, and the assailed Resolutions and with serious injuries. He was immediately brought to a hospital where
Petition for Review
AFFIRMED. Costs against petitioner. an examination was made and his arm was amputated. The plaintiff was
then carried to another hospital where a second operation was performed
FACTS
and the member was again amputated higher up near the shoulder.
- Napoleon Macadangdang was found guilty and convicted of the crime CANGCO V MANILA RAILROAD CO
Expenses reached the sum of P790.25 in the form of medical and
of reckless imprudence resulting to triple homicide, multiple physical 38 Phil 768 surgical fees and for other expenses in connection with the process of his
injuries and damage to property and was sentenced to suffer the penalty
FISHER; October 14, 1918 curation.
of 4 years, 9 months and 11 days to 6 years, and to pay damages. But in
- August 31, 1915, he instituted this proceeding in the CFI Manilato
the event the the accused becoems insolvent, Phil. Rabbit will be held
NATURE recover damages of the defendant company, founding his action upon
liable for the civil liabilities. But admittedly, the accused jumped bail and
An appeal from a judgment of the Court of First Instance disallowing the the negligence of the servants and employees of the defendant in placing
remained at large.
claim of the plaintiff for P1,000 against the estate of the deceased James the sacks of melons upon the platform and in leaving them so placed as
P. McElroy. to be a menace to the security of passenger alighting from the company's
ISSUE
trains. At the hearing in the CFI, the trial judge, found the facts
WON an employer, who dutifully participated in the defense of its
FACTS substantially as above stated, and although negligence was attributable
accused-employee, may appeal the judgment of conviction independently
- Jose Cangco, was employed by Manila Railroad Company as clerk. He to the defendant by reason of the fact that the sacks of melons were so
of the accused
lived in San Mateo, Rizal, located upon the line of the defendant railroad placed as to obstruct passengers passing to and from the cars,
company; and in coming daily by train to the company's office in the city nevertheless, the plaintiff himself had failed to use due caution in
HELD
of Manila where he worked, he used a pass, supplied by the company, alighting from the coach and was therefore precluded from recovering.
NO
which entitled him to ride upon the company's trains free of charge. Judgment was accordingly entered in favor of the defendant company,
- The accused cannot be accorded the right to appeal unless they
- January 20, 1915, the plaintiff was returning home by rail from his daily and the plaintiff appealed.
voluntarily submit to the jurisdiction of the court or are otherwise arrested
labors; and as the train drew up to the station in San Mateo the plaintiff
within 15 days from notice of the judgment against them. While at large,
while making his exit through the door, took his position upon the steps of ISSUE
they cannot seek relief from the court, as they are deemed to have
the coach. WON there was contributory negligence on the part of the plaintiff
waived the appeal. In the case before us, the accused-employee has
- On the side of the train where passengers alight at the San Mateo
escaped and refused to surrender to the proper authorities; thus, he is
station there is a cement platform which begins to rise with a moderate HELD
deemed to have abandoned his appeal. Consequently, the judgment
gradient some distance away from the company's office and extends NO
against him has become final and executory.
along in front of said office for a distance sufficient to cover the length of Ratio In determining the question of contributory negligence in
- After a judgment has become final, vested rights are acquired by the
several coaches. As the train slowed down another passenger, Emilio performing such act - that is to say, whether the passenger acted
winning party. If the proper losing party has the right to file an appeal
Zuniga, also an employee of the railroad company, got off the same car, prudently or recklessly - the age, sex, and physical condition of the
within the prescribed period, then the former has the correlative right to
alighting safely at the point where the platform begins to rise from the passenger are circumstances necessarily affecting the safety of the
enjoy the finality of the resolution of the case.
level of the ground. When Jose Cangco stepped off, one or both of his passenger, and should be considered.
- In fact, petitioner admits that by helping the accused-employee, it
feet came in contact with a sack of watermelons with the result that his Reasoning
participated in the proceedings before the RTC; thus, it cannot be said
feet slipped from under him and he fell violently on the platform. His body - The employees of the railroad company were guilty of negligence in
that the employer was deprived of due process. It might have lost its
at once rolled from the platform and was drawn under the moving car, piling these sacks on the platform. Their presence caused the plaintiff to
right to appeal, but it was not denied its day in court. In fact, it can be said
where his right arm was badly crushed and lacerated. After the plaintiff fall as he alighted from the train; and that they constituted an effective
that by jumping bail, the accused-employee, not the court, deprived
alighted from the train the car moved forward possibly six meters before it legal cause of the injuries sustained by the plaintiff. It follows that the
petitioner of the right to appeal.
came to a full stop. defendant company is liable for the damage unless recovery is barred by
- On Subsidiary Liability Upon Finality of Judgment:
- The accident occurred on a dark night, and the train station was lit dimly the plaintiff's own contributory negligence.
- Under Article 103 of the Revised Penal Code, employers are
by a single light located some distance away, objects on the platform - The foundation of the legal liability of the defendant is the contract of
subsidiarily liable for the adjudicated civil liabilities of their employees in
where the accident occurred were difficult to discern, especially to a carriage, and that the obligation to respond for the damage which plaintiff
the event of the latters insolvency.
person emerging from a lighted car. has suffered arises from the breach of that contract by reason of the
- To allow employers to dispute the civil liability fixed in a criminal case
- The sack of melons on the platform is because it was the customary failure of defendant to exercise due care in its performance.
would enable them to amend, nullify or defeat a final judgment rendered
season for harvesting these melons and a large lot had been brought to - Its liability is direct and immediate, imposed by article 1903 of the Civil
by a competent court. By the same token, to allow them to appeal the
the station for shipment to the market. This row of sacks was so placed Code, which can be rebutted by proof of the exercise of due care in their
final criminal conviction of their employees without the latters consent
that there was a space of only about two feet between the sacks of selection and supervision. Article 1903 of the Civil Code is not applicable
would also result in improperly amending, nullifying or defeating the
melons and the edge of the platform; and it is clear that the fall of the
judgment.
torts & damages A2010 - 14 - prof. casis

to obligations arising ex contractu, but only to extra-contractual productive of injury, gives rise to an obligation to indemnify the injured DISPOSITION The decision of the lower court is reversed, and judgment
obligations party. The fundamental distinction between obligations of this character is hereby rendered plaintiff for the sum of P3,290.25, and for the costs of
- In commenting upon article 1093, Manresa clearly points out the and those which arise from contract, rests upon the fact that in cases of both instances.
difference between "culpa, substantive and independent, which of itself non-contractual obligation it is the wrongful or negligent act or omission
constitutes the source of an obligation between persons not formerly itself which creates the vinculum juris, whereas in contractual relations
SEPARATE OPINION
connected by any legal tie" and culpa considered as an "accident in the the vinculum exists independently of the breach of the voluntary duty
performance of an obligation already existing . . .." assumed by the parties when entering into the contractual relation.
- In the Rakes vs. Atlantic, Gulf and Pacific Co. the court was made to - The railroad company's defense involves the assumption that even MALCOLM, [dissent]
rest squarely upon the proposition that article 1903 is not applicable to granting that the negligent conduct of its servants in placing an - With one sentence in the majority decision, we are of full accord,
acts of negligence which constitute the breach of a contract. obstruction upon the platform was a breach of its contractual obligation to namely, "It may be admitted that had plaintiff waited until the train had
- Under the Spanish law, in cases imposed upon employers with respect maintain safe means of approaching and leaving its trains, the direct and come to a full stop before alighting, the particular injury suffered by him
to damages due to the negligence of their employees to persons to whom proximate cause of the injury suffered by plaintiff was his own could not have occurred." With the general rule relative to a passenger's
they are not bound by contract, such is not based upon the principle of contributory negligence in failing to wait until the train had come to a contributory negligence, we are likewise in full accord, namely, "An
respondent superior - but upon the principle announced in article 1902 complete stop before alighting. Under the doctrine of comparative attempt to alight from a moving train is negligence per se." Adding these
which imposes upon all persons who by their fault or negligence, do negligence announced in the Rakes case, if the accident was caused by two points together, we have the logical result - the Manila Railroad Co.
injury to another, the obligation of making good the damage caused. plaintiff's own negligence, no liability is imposed upon defendant, should be absolved from the complaint, and judgment affirmed.
- The liability arising from extra-contractual culpa is always based upon a whereas if the accident was caused by defendant's negligence and
voluntary act or omission which, without willful intent, but by mere plaintiff's negligence merely contributed to his injury, the damages should FORES V MIRANDA
negligence or inattention, has caused damage to another. A master who be apportioned. It is, therefore, important to ascertain if defendant was in
[citation]
exercises all possible care in the selection of his servant, taking into fact guilty of negligence.
consideration the qualifications they should possess for the discharge of - The Court is of the opinion that the correct doctrine relating to this REYES, J.B.L.; March 4, 1959
the duties which it is his purpose to confide to them, and directs them subject is that expressed in Thompson's work on Negligence:
with equal diligence, thereby performs his duty to third persons to whom "The test by which to determine whether the passenger has been guilty of NATURE
he is bound by no contractual ties, and he incurs no liability whatever if, negligence in attempting to alight from a moving railway train, is that of Petition for review of the decision of the Court of Appeals
by reason of the negligence of his servants, even within the scope of their ordinary or reasonable care. It is to be considered whether an ordinarily
employment, such third persons suffer damage. Article 1903 presumes prudent person, of the age, sex and condition of the passenger, would FACTS
negligence, but that presumption is refutable. have acted as the passenger acted under the circumstances disclosed by - Respondent was one of the passengers on a jeepney driven by Eugenio
- In Bahia vs. Litonjua and Leynes, an action is brought upon the theory the evidence. This care has been defined to be, not the care which may Luga. While the vehicle was descending the Sta. Mesa bridge at an
of the extra-contractual liability of the defendant to respond for the or should be used by the prudent man generally, but the care which a excessive rate of speed, the driver lost control thereof, causing it to
damage caused by the carelessness of his employee while acting within man of ordinary prudence would use under similar circumstances, to swerve and to hit the bridge wall. The accident occurred on the morning
the scope of his employment The Court, after citing the last paragraph of avoid injury." of March 22, 1953. Five of the passengers were injured, including the
article 1903 of the Civil Code, said: (1) That when an injury is caused by - In considering the probability of contributory negligence on the part of respondent who suffered a fracture of the upper right humerus. He was
the negligence of a servant or employee there instantly arises a the plaintiff the following circumstances are to be noted: The company's taken to the National Orthopedic Hospital for treatment, and later was
presumption of law that there was negligence on the part of the master or platform was constructed upon a level higher than that of the roadbed subjected to a series of operations; the first on May 23, 1953, when wire
employer either in the selection of the servant or employee, or in and the surrounding ground. The distance from the steps of the car to the loops were wound around the broken bones and screwed into place; a
supervision over him after the selection, or both; and (2) that presumption spot where the alighting passenger would place his feet on the platform second, effected to insert a metal splint, and a third one to remove such
is juris tantum and not juris et de jure, and consequently, may be was thus reduced, thereby decreasing the risk incident to stepping off. splint. At the time of the trial, it appears that respondent had not yet
rebutted. It follows necessarily that if the employer shows to the The cement platform also assured to the passenger a stable and even recovered the use of his right arm.
satisfaction of the court that in selection and supervision he has surface on which to alight. The plaintiff was possessed of the vigor and - The driver was charged with serious physical injuries through reckless
exercised the care and diligence of a good father of a family, the agility of young manhood, and it was by no means so risky for him to get imprudence, and upon interposing a plea of guilty was sentenced
presumption is overcome and he is relieved from liability. off while the train was yet moving as the same act would have been in an accordingly.
- Every legal obligation must of necessity be extra-contractual or aged or feeble person. The place was perfectly familiar to the plaintiff, as
contractual. Extra-contractual obligation has its source in the breach or it was his daily custom to get on and off the train at this station. There ISSUE
omission of those mutual duties which civilized society imposes upon its could be no uncertainty in his mind with regard either to the length of the WON the defendant is entitled to moral damages
members, or which arise from these relations, other than contractual, of step which he was required to take or the character of the platform where
certain members of society to others, generally embraced in the concept he was alighting. It is the Courts conclusion that the conduct of the HELD
of status. The legal rights of each member of society constitute the plaintiff in undertaking to alight while the train was yet slightly under way NO.
measure of the corresponding legal duties, which the existence of those was not characterized by imprudence and that therefore he was not guilty Ratio Moral damages are not recoverable in damage actions predicated
rights imposes upon all other members of society. The breach of these of contributory negligence. on a breach of the contract of transportation, in view of Articles 2219 and
general duties whether due to willful intent or to mere inattention, if 2220 of the new Civil Code, which provide as follows:
torts & damages A2010 - 15 - prof. casis

"ART. 2219. Moral damages may be recovered in the following and DISPOSITION The decision of the Court of Appeals is modified by by the exercise of reasonable care and prudence, have avoided the
analogous cases: eliminating the award of P5.000.00 by way of moral damages consequences of the injured party's negligence. Petitioners negligence
(1) A criminal offense resulting in physical injuries; contributed only to his own injury and not to the principal occurrenceit
(2) Quasi-delicts causing physical injuries; M.H. RAKES V THE ATLANTIC, GULF AND PACIFIC was merely an element to the damage caused upon him. Had it been
xxx xxx xxx otherwise, parties being mutually in fault, there can be no appointment
COMPANY
ART. 2220. Willful injury to property may be a legal ground for awarding of damages. The law has no scales to determine in such cases whose
moral damages if the court should find that, under the circumstance, such 7 Phil 359 wrongdoing weighed most in the compound that occasioned the mischief
damages are justly due. The same rule applies to breaches of contract TRACEY; January 23, 1907 (Railroad v Norton). In this case, petitioner may recover from the
where the defendant acted fraudulently or in bad faith." defendant, less a sum deemed suitable equivalent for his own
Reasoning NATURE imprudence.
(a) In case of breach of contract (including one of transportation) proof Action for damages - Damages are awarded to petitioner at Php5,000, deducting Php 2,500,
of bad faith or fraud (dolus), i.e., wanton or deliberately injurious conduct, the amount fairly attributable to his own negligence.
is essential to justify an award of moral damages; and FACTS
(b) That a breach of contract can not be considered included in the - the plaintiff, Rakes, one of a group of 8 African-American laborers in the SEPARATE OPINION
description term "analogous cases" used in Art. 2219; not only because employment of defendant, Atlantic, was at work transporting iron rails
Art. 2220 specifically provides for the damages that are caused by from the harbor in Manila. The men were hauling the rails on 2 hand cars,
contractual breach, but because the definition of quasi-delict in Act. 2176 some behind or at it sides and some pulling the cars in the front by a WILLARD AND CARSON [dissent]
of the Code expressly excludes the cases where there is a "preexisting rope. At one point, the track sagged, the tie broke, the car canted and the -the negligence of the defendant alone was insufficient to cause the
contractual relation between the parties." rails slid off and caught the plaintiff who was walking by the cars side, accidentit also required the negligence of the plaintiff. Because of this,
"ART. 2176. Whoever by act or omission caused damage to another, breaking his leg, which was later amputated at the knee. plaintiff should not be afforded relief
there being fault or negligence, is obliged to pay for the damage done. - the plaintiffs witness alleged that a noticeable depression in the track
Such fault or negligence, if there is no pro-existing contractual relation had appeared after a typhoon. This was reported to the foreman, FAR EAST BANK AND TRUST COMPANY V CA
between the parties, is called a quasi-delict and is governed by the Mckenna, but it had not been proven that Atlantic inspected the track or 241 SCRA 671
provision of this Chapter." had any proper system of inspection. Also, there were no side guards on
- In sum the rule is: VITUG; February 23, 1995
the cars to keep the rails from slipping off.
Delict (breach of contract) - However, the companys officers and 3 of the workers testified that
Gen. Rule: no moral damages there was a general prohibition frequently made known to all against NATURE
- Reason: the advantageous position of a party suing a carrier for walking by the side of cars. As Rakes was walking along the cars side Petition for review
breach of the contract of transportation explains, to some extent, the when the accident occurred, he was found to have contributed in some
limitation imposed by the new Code on the amount of the recovery. The degree to the injury inflicted, although not as the primary cause. FACTS
action for breach of contract imposes on the defendant carrier a - Atlantic contends that the remedy for injury through negligence lies only - In October 1986, Luis A. Luna applied for, and was accorded, a
presumption of liability upon mere proof of injury to the passenger; that in a criminal action against the official directly responsible and that the FAREASTCARD issued by petitioner Far East Bank and Trust Company
latter is relieved from the duty to establish the fault of the carrier, or of his employer be held only subsidiarily liable. ("FEBTC") at its Pasig Branch. Upon his request, the bank also issued a
employees, and the burden is placed on the carrier to prove the it was supplemental card to Clarita S. Luna.
due to an unforeseen event or to force majeure (Cangco vs. Manila ISSUES - In August 1988, Clarita lost her credit card. FEBTC was forthwith
Railroad Co., 38 Phil., 768 777). Moreover, the carrier, unlike in suits for 1. WON Atlantic is only subsidiarily liable informed. In order to replace the lost card, Clarita submitted an affidavit
quasi-delict, may not escape liability by proving that it has exercised due 2. WON there was contributory negligence on the part of petitioner and if of loss. In cases of this nature, the bank's internal security procedures
diligence in the selection and supervision of its employees so, WON it bars him from recovery and policy would appear to be- to meanwhile so record the lost card,
- Exception: with moral damages if: along with the principal card, as a "Hot Card" or "Cancelled Card" in its
defendant acted fraudulently or in bad faith HELD master file.
result in the death of a passenger in which case Article 1764 1. NO - On 06 October 1988, Luis tendered a despedida lunch for a close
makes the common carrier expressly subject to the rule of Art. - By virtue of culpa contractual, Atlantic may be held primarily liable as it friend, a Fil-Am, and another guest at the Bahia Rooftop Restaurant of
2206, that entitles the spouse, descendants and ascendants of the failed in its duty to provide safe appliances for the use of its employees. the Hotel Intercon Manila. To pay for the lunch, Luis presented his
deceased passenger to "demand moral damages for mental Petitioner need not file charges with the foreman to claim damages from FAREASTCARD to the attending waiter who promptly had it verified
anguish by reason of the death of the deceased" Atlantic; a criminal action is not a requisite for the enforcement of a civil through a telephone call to the bank's Credit Card Department. Since the
- The difference in conditions, defenses and proof, as well as the codal action. card was not honored, Luis was forced to pay in cash the bill amounting
concept of quasi-delict as essentially extra contractual negligence, 2. YES to P588.13. Naturally, Luis felt embarrassed by this incident.
compel us to differentiate between action ex contractu, and actions quasi - Petitioner had walked along the side of the car despite a prohibition to - In a letter, dated 11 Oct. 1988, Luis Luna, through counsel, demanded
ex delicto, and prevent us from viewing the action for breach of contract do so by the foreman. However, the contributory negligence of the party from FEBTC the payment of damages. Adrian V. Festejo, a VP of the
as simultaneously embodying an action on tort. injured will not defeat the action if it be shown that the defendant might, bank, expressed the bank's apologies to Luis in his letter which stated
torts & damages A2010 - 16 - prof. casis

that: In cases when a card is reported to our office as lost, Art. 21. Any person who willfully causes loss or injury to another in a the death of the deceased. But the exceptional rule of Art. 1764 makes it
FAREASTCARD undertakes the necessary action to avert its manner that is contrary to morals, good customs or public policy shall all the more evident that where the injured passenger does not die, moral
unauthorized use to protect its cardholders. However, it failed to inform compensate the latter for the damage. damages are not recoverable unless it is proved that the carrier was
him about its security policy. Furthermore, an overzealous employee of - Article 21 of the Code, it should be observed, contemplates a conscious guilty of malice or bad faith. We think it is clear that the mere
the Bank's Credit Card Department did not consider the possibility that it act to cause harm. Thus, even if we are to assume that the provision carelessness of the carrier's driver does not per se constitute or justify an
may have been him who was presenting the card at that time (for which could properly relate to a breach of contract, its application can be inference of malice or bad faith on the part of the carrier; and in the case
reason, the unfortunate incident occurred). warranted only when the defendant's disregard of his contractual at bar there is no other evidence of such malice to support the award of
- Festejo also sent a letter to the Manager of the Bahia Rooftop obligation is so deliberate as to approximate a degree of misconduct moral damages by the Court of Appeals. To award moral damages for
Restaurant to assure the latter that Luis was a "very valued clients" of certainly no less worse than fraud or bad faith. Most importantly, Article breach of contract, therefore, without proof of bad faith or malice on the
FEBTC. William Anthony King, F&B Manager of the Intercon, wrote back 21 is a mere declaration of a general principle in human relations that part of the defendant, as required by Art. 2220, would be to violate the
to say that the credibility of Luis had never been "in question." A copy of clearly must, in any case, give way to the specific provision of Article clear provisions of the law, and constitute unwarranted judicial legislation.
this reply was sent to Luis by Festejo. 2220 of the Civil Code authorizing the grant of moral damages in culpa xxx xxx xxx
- Still evidently feeling aggrieved, Luis filed a complaint for damages with contractual solely when the breach is due to fraud or bad faith. - The distinction between fraud, bad faith or malice in the sense of
the RTC of Pasig against FEBTC. - Fores vs. Miranda explained with great clarity the predominance that deliberate or wanton wrong doing and negligence (as mere carelessness)
- On 30 March 1990, the RTC of Pasig ordered FEBTC to pay private we should give to Article 2220 in contractual relations; we quote: is too fundamental in our law to be ignored (Arts. 1170-1172); their
respondents (a) P300,000.00 moral damages; (b) P50,000.00 exemplary Anent the moral damages ordered to be paid to the respondent, the consequences being clearly differentiated by the Code.
damages; and (c) P20,000.00 attorney's fees. same must be discarded. We have repeatedly ruled that moral damages - Art. 2201. In contracts and quasi-contracts, the damages for which the
- On appeal to the Court of Appeals, the appellate court affirmed the are not recoverable in damage actions predicated on a breach of the obligor who acted in good faith is liable shall be those that are the natural
decision of the trial court.Its motion for reconsideration having been contract of transportation, in view of Articles 2219 and 2220 of the new and probable consequences of the breach of the obligation, and which
denied by the appellate court, FEBTC has come to this Court with this Civil Code, which provide as follows: the parties have foreseen or could have reasonably foreseen at the time
petition for review. - Art. 2219. Moral damages may be recovered in the following and the obligation was constituted.
analogous cases: - In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
ISSUE (1) A criminal offense resulting in physical injuries; responsible for all damages which may be reasonably attributed to the
WON the petitioner is entitled to moral and exemplary damages (2) Quasi-delicts causing physical injuries; non-performance of the obligation.
xxx xxx xxx - It is to be presumed, in the absence of statutory provision to the
HELD - Art. 2220. Wilful injury to property may be a legal ground for awarding contrary, that this difference was in the mind of the lawmakers when in
NO moral damages if the court should find that, under the circumstances, Art. 2220 they limited recovery of moral damages to breaches of contract
- In culpa contractual, moral damages may be recovered where the such damages are justly due. The same rule applies to breaches of in bad faith. It is true that negligence may be occasionally so gross as to
defendant is shown to have acted in bad faith or with malice in the breach contract where the defendant acted fraudulently or in bad faith. amount to malice; but the fact must be shown in evidence, and a carrier's
of the contract. The Civil Code provides: - By contrasting the provisions of these two articles it immediately bad faith is not to be lightly inferred from a mere finding that the contract
- Art. 2220. Willful injury to property may be a legal ground for awarding becomes apparent that: was breached through negligence of the carrier's employees.
moral damages if the court should find that, under the circumstances, (a) In case of breach of contract (including one of transportation) proof of - The Court has not in the process overlooked another rule that a quasi-
such damages are justly due. The same rule applies to breaches of bad faith or fraud (dolus), i.e., wanton or deliberately injurious conduct, is delict can be the cause for breaching a contract that might thereby permit
contract where the defendant acted fraudulently or in bad faith. essential to justify an award of moral damages; and the application of applicable principles on tort even where there is a pre-
- Bad faith, in this context, includes gross, but not simple, negligence. (b) That a breach of contract can not be considered included in the existing contract between the plaintiff and the defendant This doctrine,
Exceptionally, in a contract of carriage, moral damages are also allowed descriptive term "analogous cases" used in Art. 2219; not only because unfortunately, cannot improve private respondents' case for it can aptly
in case of death of a passenger attributable to the fault (which is Art. 2220 specifically provides for the damages that are caused govern only where the act or omission complained of would constitute an
presumed ) of the common carrier. contractual breach, but because the definition of quasi-delict in Art. 2176 actionable tort independently of the contract. The test (whether a quasi-
- Concededly, the bank was remiss in indeed neglecting to personally of the Code expressly excludes the cases where there is a "preexisitng delict can be deemed to underlie the breach of a contract) can be stated
inform Luis of his own card's cancellation. Nothing in the findings of the contractual relations between the parties." thusly: Where, without a pre-existing contract between two parties, an act
trial court and the appellate court, however, can sufficiently indicate any - Art. 2176. Whoever by act or omission causes damage to another, there or omission can nonetheless amount to an actionable tort by itself, the
deliberate intent on the part of FEBTC to cause harm to private being fault or negligence, is obliged to pay for the damage done. Such fact that the parties are contractually bound is no bar to the application of
respondents. Neither could FEBTC's negligence in failing to give fault or negligence, if there is no pre-existing contractual relation between quasi-delict provisions to the case. Here, private respondents' damage
personal notice to Luis be considered so gross as to amount to malice or the parties, is called a quasi-delict and is governed by the provisions of claim is predicated solely on their contractual relationship; without such
bad faith. this Chapter. agreement, the act or omission complained of cannot by itself be held to
- Malice or bad faith implies a conscious and intentional design to do a The exception to the basic rule of damages now under consideration is a stand as a separate cause of action or as an independent actionable tort.
wrongful act for a dishonest purpose or moral obliquity; it is different from mishap resulting in the death of a passenger, in which case Article 1764 - Exemplary or corrective damages, in turn, are intended to serve as an
the negative idea of negligence in that malice or bad faith contemplates a makes the common carrier expressly subject to the rule of Art. 2206, that example or as correction for the public good in addition to moral,
state of mind affirmatively operating with furtive design or ill will. entitles the spouse, descendants and ascendants of the deceased temperate, liquidated or compensatory damages (Art. 2229, Civil Code.
- Article 21 states: passenger to "demand moral damages for mental anguish by reason of In criminal offenses, exemplary damages are imposed when the crime is
torts & damages A2010 - 17 - prof. casis

committed with one or more aggravating circumstances (Art. 2230, Civil the 'white man; and plaintiff reluctantly gave his 'first class' seat in the 2. YES, the plaintiff was issued, and paid for, a first class ticket without
Code). In quasi-delicts, such damages are granted if the defendant is plane." any reservation whatever.
shown to have been so guilty of gross negligence as to approximate - both TC and CA decided in favor of Carrascoso Ratio .A written document speaks a uniform language; that spoken word
malice. In contracts and quasi-contracts, the court may award exemplary could be notoriously unreliable. If only to achieve stability in the relations
damages if the defendant is found to have acted in a wanton, fraudulent, ISSUES between passenger and air carrier, adherence to the ticket so issued is
reckless, oppressive, or malevolent manner (Art. 2232, Civil Code). Procedural desirable.
- Given the above premises and the factual circumstances here 1. WON the CA failed to make a complete findings of fact on all the Reasoning
obtaining, it would also be just as arduous to sustain the exemplary issues properly laid before it, and if such, WON the Court could review - Petitioner asserts that said ticket did not represent the true and
damages granted by the courts below. the questions of fact complete intent and agreement of the parties; that said respondent knew
- Nevertheless, the bank's failure, even perhaps inadvertent, to honor its Substantive that he did not have confirmed reservations for first class on any specific
credit card issued to private respondent Luis should entitle him to recover 2. WON Carrascoso was entitled to the first class seat he claims, as flight, although he had tourist class protection; that, accordingly, the
a measure of damages sanctioned under Article 2221 of the Civil Code proved by written documents (tickets) issuance of a first class ticket was no guarantee that he would have a
providing thusly: 3. WON Carrascoso was entitled to moral damages, when his action is first class ride, but that such would depend upon the availability of first
- Art. 2221. Nominal damages are adjudicated in order that a right of the planted upon breach of contract and thus, there must be an averment of class seats. However, CA held that Air France should know whether or
plaintiff, which has been violated or invaded by the defendant, may be fraud or bad faith which the CA allegedly failed to find not the tickets it issues are to be honored or not. The trial court also
vindicated or recognized, and not for the purpose of indemnifying the 4. WON moral damages could be recovered from Air France, granted accepted as evidence the written documents submitted by Carrasco and
plaintiff for any loss suffered by him. that their employee was accused of the tortuous act even the testimony of the air-carriers employees attested that indeed,
- Reasonable attorney's fees may be recovered where the court deems 5. WON damages are proper in a breach contract Carrasco was issued a first class ticket.
such recovery to be just and equitable (Art. 2208, Civil Code). We see no 6. WON the transcribed testimony of Carrascoso regarding the account - If, as petitioner underscores, a first-class-ticket holder is not entitled to a
issue of sound discretion on the part of the appellate court in allowing the made by the air-carriers purser is admissible in evidence as hearsay first class seat, notwithstanding the fact that seat availability in specific
award thereof by the trial court. 7. WON Carrascoso was entitled to exemplary damages flights is therein confirmed, then an air passenger is placed in the hollow
DISPOSITION The appealed decision is MODIFIED by deleting the 8. WON Carrascoso was entitled to attorneys fees of the hands of an airline.
award of moral and exemplary damages to private respondents; in its 9. WON the amounts awarded to Carrascoso was excessive -Also, when Carrascoso was asked to confirm his seat in Bangkok, he
stead, petitioner is ordered to pay private respondent Luis A. Luna an was granted the first class seat. If there had been no seat, and if the
amount of P5,000.00 by way of nominal damages. In all other respects, HELD white man had a better right to the seat, then why did they confirm
the appealed decision is AFFIRMED. 1. NO, NO Carrasco his seat?
Ratio A decision is not to be so clogged with details such that prolixity, if 3. YES
AIR FRANCE V CA (Carrascoso, Et. Al) not confusion, may result. So long as the decision of the Court of Ratio. It is (therefore) unnecessary to inquire as to whether or not there
Appeals, contains the necessary facts to warrant its conclusions, it. is no is sufficient averment in the complaint to justify an award for moral
18 SCRA 155
error for said court to withhold therefrom "any specific finding of facts with damages. Deficiency in the complaint, if any, was cured by the evidence.
SANCHEZ; September 28, 1966 respect to the evidence for the defense"."The mere failure to specify (in An amendment thereof to conform to the evidence is not even required.
the decision) the contentions of the appellant and the reasons for
NATURE refusing to believe them is not sufficient to hold the same contrary to the Reasoning
PETITION for review by certiorari of a decision of the Court of Appeals. requirements of the provisions of law and the Constitution"; "only - There was a contract to furnish plaintiff a first class passage covering,
questions of law may be raised" in an appeal by certiorari from a amongst others, the Bangkok-Teheran leg; Second, said contract was
FACTS judgment of the Court of Appeals. breached when petitioner failed to furnish first class transportation at
- Carrascoso, a civil engineer, left Manila for Lourdes w/ 48 other Filipino Obiter. Bangkok; and Third, there was bad faith when petitioner's employee
pilgrims. Air France, through PAL, issued plaintiff a first class round trip - Constitution mandates that a judgment determining the merits of the compelled Carrascoso to leave his first class accommodation berth "after
airplane ticket from Manila to Rome. From Manila to Bangkok, case shall state "clearly and distinctly the facts and the law on he was already seated" and to take a seat in the tourist class, by reason
Carrascoso traveled in first class but at Bangkok, the Manager of the which it is based" and that "Every decision of the Court of Appeals of which he suffered inconvenience, embarrassments and humiliations,
defendant airline forced plaintiff to vacate the 'first class' seat that he was shall contain complete findings of fact on all issues properly raised thereby causing him mental anguish, serious anxiety, wounded feelings
occupying because, in the words of the witness Ernesto G. Cuento, there before".xxx The law, however, solely insists that a decision state the and social humiliation, resulting in moral damages.
was a 'white man', who, the Manager alleged, had a 'better right' to "essential ultimate facts" upon which the court's conclusion is drawn. - Air France did not present evidence that the white man made a prior
the seat. When asked to vacate his 'first class' seat, the plaintiff, as - FINDINGS OF FACT: "the written statement of the ultimate facts as reservation, nor proved that the white man had better right over the
was to be expected, refused, and told defendant's Manager that his found by the court and essential to support the decision and judgment seat; also, if the managers actions could be justified, they should have
seat would be taken over his dead body; a commotion ensued, and, rendered thereon".16 They consist of the court's "conclusions with presented the manager to testify in court but they did not do so
according to said Ernesto G. Cuento, many of the Filipino passengers got respect to the determinative facts in issue" - The manager not only prevented Carrascoso from enjoying his right to a
nervous in the tourist class; when they found out that Mr. Carrascoso was - QUESTION OF LAW: one which does not call for an examination of the first class seat; worse, he imposed his arbitrary will; he forcibly ejected
having a hot discussion with the white man [manager], they came all probative value of the evidence presented by the parties him from his seat, made him suffer the humiliation of having to go to the
across to Mr. Carrascoso and pacified Mr. Carrascoso to give his seat to tourist class compartment-just to give way to another passenger whose
torts & damages A2010 - 18 - prof. casis

right thereto has not been established. Certainly, this is bad faith. Unless, 7. YES WON respondent court is correct in denying dismissal of the case
of course, bad faith has assumed a meaning different from what is Ratio The Civil Code gives the Court ample power to grant exemplary
understood in law. For, "bad faith" contemplates a "state of mind damages-in contracts and quasi-contracts. The only condition is that HELD
affirmatively operating with furtive design or with some motive of self- defendant should have "acted in a wanton, fraudulent, reckless, Ratio Although a school may not be liable under Art. 2180 on quasi-
interest or ill will or for ulterior purposes oppressive, or malevolent manner". delicts, it may still be liable under the law on contracts.
4. YES Reasoning Reasoning
- The responsibility of an employer for the tortious act of its employees - The manner of ejectment of respondent Carrascoso from his first class - The case should be tried on its merits. But respondent courts premise
need not. be essayed. For the willful malevolent act of petitioner's seat fits into this legal precept is incorrect. It is expressly mentioned in Art. 2180 that the liability arises
manager, petitioner, his employer, must answer. 8. YES from acts done by pupils or students of the institution. In this sense,
5. YES Ratio. The grant of exemplary damages justifies a similar Judgment for PSBA is not liable. But when an academic institution accepts students for
- Petitioner's contract with Carrascoso, is one attended with public duty. attorneys' fees. The least that can be said is that the courts below felt that enrollment, the school makes itself responsible in providing their students
The stress of Carrascoso's. action as we have said, is placed upon his it is but just and equitable that attorneys' fees be given.\ with an atmosphere that is conducive for learning. Certainly, no student
wrongful expulsion. This is a violation of public duty by the petitioner-air 9. NO can absorb the intricacies of physics or explore the realm of arts when
carrier-a case of quasi-delict. Damages are proper. (note: it was held that Ratio. The task of fixing these amounts is primarily with the trial court. bullets are flying or where there looms around the school premises a
it was a case of quasi-delict even though it was a breach of contract) The dictates of good sense suggest that we give our imprimatur thereto. constant threat to life and limb.
Ratio A contract to transport passengers is quite different in kind and Because, the facts and circumstances point to the reasonableness DISPOSITION the foregoing premises considered, the petition is
degree from any other contractual relation.43 And is, because of the thereof. DENIED. The Court of origin is hereby ordered to continue proceedings
relation which an air-carrier sustains with the public. Its business is DISPOSITION On balance, we, say that the judgment of the Court of consistent wit this ruling of the Court. Costs against the petitioners.
mainly with the travelling public. It invites people to avail of the comforts Appeals does not suffer from 'reversible error. We accordingly vote to
and I advantages it offers. The contract of air carriage, therefore, affirm the same. Costs against petitioner. SYQUIA V CA (Mla Memorial Park)
generates a relation attended with a public duty. Neglect or malfeasance
217 SCRA 624
of the carrier's employees, naturally, could give ground for an action for
PSBA V CA CAMPOS, JR.; January 27, 1993
damages.
Reasoning [citation]
- Passengers do not contract merely for transportation. They have a right PADILLA; February 4, 1992 NATURE
to be treated by the carrier's employees with kindness, respect, courtesy Petition for review of CA decision dismissing Syquia familys complaint
and due consideration. They are entitled to be protected against personal for damages against Manila Memorial Park Cemetery, Inc. (Mla
NATURE
misconduct, injurious language, indignities and abuses from such Memorial)
Petition to review the decision of Court of Appeals.
employees. So it is, that any rude or discourteous conduct on the part of
employees towards a passenger gives the latter an action for damages FACTS
FACTS
against the carrier. - Juan SYQUIA, father of the deceased Vicente Syquia, authorized and
- A stabbing incident on August 30, 1985 which caused the death of
6. YES, if forms part of the res gestae instructed the defendant to inter the remains of deceased.
Carlitos Bautista on the premises of the Philippine School of Business
Ratio. Testimony of the entry does not come within the proscription of the - After about a month, preparatory to transferring the remains to a newly
Administration (PSBA) prompted the parents of the deceased to file suit
best evidence rule. Such testimony is admissible. purchased family plot also at the same cemetery, the concrete vault
in the Manila RTC. It was established that his assailants were not
- alsoFrom a reading of the transcript just quoted, when the dialogue encasing the coffin of the deceased was removed from its niche
members of the schools academic community but were outsiders.
happened, the impact of the startling occurrence was still fresh and underground. As the concrete vault was being raised to the surface, the
- The suit impleaded PSBA, its President, VP, Treasure, Chief of Security
continued to be felt. The excitement had not as yet died down. Syquias discovered that the vault had a hole approx 3 in. in diameter
and Assistant Chief of Security. It sought to adjudge them liable for the
Statements then, in this environment, are admissible as part of the res near the bottom and it appeared that water drained out of the hole.
victims death due to their alleged negligence, recklessness and lack of
gestae. For, they grow "out of the nervous excitement and mental and - Pursuant to an authority granted by the Municipal Court of Paraaque,
security precautions.
physical condition of the declarant". they caused the opening of the concrete vault and discovered that:
- Defendants (now petitioners) sought to have the suit dismissed alleging
(a) the interior walls showed evidence of total flooding;
that since they are presumably sued under Art. 2180 of the Civil Code,
Reasoning (b) coffin was entirely damaged by water, filth and silt causing the
the complaint states no cause of action against them since academic
- Carrascoso testified that the purser of the air-carrier made an entry in wooden parts to separate and to crack the viewing glass panel located
institutions, like PSBA, are beyond the ambit of that rule.
his notebooks reading "First class passenger was forced to go to the directly above the head and torso of the deceased;
- Respondent Trial court denied the motion to dismiss. And the MFR was
tourist class against his will, and that the captain refused to intervene". (c) entire lining of coffin, clothing of the deceased, and the exposed parts
similarly dealt with. Petitioners the assailed the trial courts dispositions
The petitioner contents that it should not be admitted as evidence, as it of the deceased's remains were damaged and soiled.
before the respondent appellate court which affirmed the trial courts
was only hearsay. However, the subject of inquiry is not the entry, but the - SYQUIAS base their claim for damages against Mla Memorial on either:
ruling.
ouster incident. Also, the said entry was made outside the Philippines (1) breach of its obligation to deliver a defect-free concrete vault;
and by an employee of petitioner. It would have been easy for Air France (2) gross negligence in failing to seal the concrete vault (Art. 2176)
to contradict Carrascosos testimony if they had presented the purser. - Whatever kind of negligence it has committed, MLA MEMORIAL is
ISSUE
deemed to be liable for desecrating the grave of the dead.
torts & damages A2010 - 19 - prof. casis

Trial Courts Ruling diligence to be observed in the performance of the obligation is that - The pony had not as yet exhibited fright, and the rider had made no sign
- Contract between the parties did not guarantee that the cement vault which is expected of a good father of a family. for the automobile to stop.
would be waterproof. Reasoning - Seeing that the pony was apparently quiet, the defendant, instead of
- No quasi-delict because the defendant was not guilty of any fault or - Although a pre-existing contractual relation between the parties does veering to the right while yet some distance away or slowing down,
negligence, and because there was a pre-existing contractual relation not preclude the existence of a culpa aquiliana, circumstances of the continued to approach directly toward the horse without diminution of
between the Syquias and Mla Memorial. case do not show negligence. The reason for the boring of the hole was speed.
- The father himself, Juan Syquia, chose the gravesite despite knowing explained by Henry Flores, Interment Foreman, who said that: When the - When he had gotten quite near, there being then no possibility of the
that said area had to be constantly sprinkled with water to keep the grass vault was placed on the grave a hole was placed on the vault so that horse getting across to the other side, the defendant quickly turned his
green and that water would eventually seep through the vault. water could come into the vault because it was raining heavily then car sufficiently to the right to escape hitting the horse alongside of the
- The act of boring a hole in the vault was necessary so as to prevent the because the vault has no hole the vault will float and the grave would be railing where it as then standing; but in so doing the automobile passed in
vault from floating away. filled with water. such close proximity to the animal that it became frightened and turned
- CA affirmed judgment of dismissal; MFR was also denied. - Private respondent has exercised the diligence of a good father of a its body across the bridge with its head toward the railing.
family in preventing the accumulation of water inside the vault which - In so doing, it was struck on the hock of the left hind leg by the flange of
ISSUES would have resulted in the caving in of earth around the grave. Finding the car and the limb was broken.
1. WON Mla Memorial breached its contract with petitioners, no evidence of negligence, there is no reason to award damages. - The horse fell and its rider was thrown off with some violence.
or alternatively Dispositive CA decision affirmed in toto. - As a result of its injuries the horse died.
2. WON it can be liable for culpa aquiliana - The plaintiff received contusions which caused temporary
unconsciousness and required medical attention for several days.
HELD - CFI absolved defendant from liability
1. NO NEGLIGENCE - Hence, the appeal
Ratio Parties are bound by the terms of their contract, which is the law
between them. A contracting party cannot incur a liability more than what ISSUE
PICART V SMITH
is expressly specified in his undertaking. It cannot be extended by WON the defendant, in maneuvering his car in the manner above
implication, beyond the terms of the contract. (RCBC v CA) [citation] described, was guilty of negligence that would give rise to a civil
Reasoning STREET; March 15, 1918 obligation to repair the damage done
- They entered into a contract entitled "Deed of Sale and Certificate of
Perpetual Care." Mla Memorial bound itself to provide the concrete box to NATURE HELD
be sent in the interment. Appeal from a judgment of the CFI of La Union YES
- Rule 17 of the Rules and Regulations of MLA MEMORIAL provides that: - As the defendant started across the bridge, he had the right to assume
Every earth interment shall be made enclosed in a concrete box, or in an FACTS that the horse and the rider would pass over to the proper side; but as he
outer wall of stone, brick or concrete, the actual installment of which shall - On December 12, 1912, plaintiff was riding on his pony over the moved toward the center of the bridge it was demonstrated to his eyes
be made by the employees of the Association. Pursuant to this, a Carlatan Bridge, at San Fernando, La Union. that this would not be done; and he must in a moment have perceived
concrete vault was installed and after the burial, the vault was covered by - Before he had gotten half way across, the defendant approached from that it was too late for the horse to cross with safety in front of the moving
a cement lid. the opposite direction in an automobile, going at the rate of about ten or vehicle.
- Syquias claim that there was a breach of contract because it was stated twelve miles per hour. - In the nature of things this change of situation occurred while the
in the brochures that lot may hold single or double internment - As the defendant neared the bridge he saw the plaintiff and blew his automobile was yet some distance away; and from this moment it was no
underground in sealed concrete vault." horn to give warning of his approach. longer within the power of the plaintiff to escape being run down by going
- "Sealed" meant "closed." Standard dictionaries define seal as any of - He continued his course and after he had taken the bridge, he gave two to a place of greater safety.
various closures or fastenings that cannot be opened without rupture and more successive blasts, as it appeared to him that the man on horseback - The control of the situation had then passed entirely to the defendant;
that serve as a check against tampering or unauthorized opening. before him was not observing the rule of the road. and it was his duty either to bring his car to an immediate stop or, seeing
- "Sealed" cannot be equated with "waterproof". When the terms of the - The plaintiff saw the automobile coming and heard the warning signals. that there were no other persons on the bridge, to take the other side and
contract are clear and leave no doubt as to the intention of the - However, given the novelty of the apparition and the rapidity of the pass sufficiently far away from the horse to avoid the danger of collision.
contracting parties, then the literal meaning of the stipulation shall approach, he pulled the pony closely up against the railing on the right - The defendant ran straight on until he was almost upon the horse. He
control. side of the bridge instead of going to the left. was, the court thinks, deceived into doing this by the fact that the horse
2. NO - He did this because he thought he did not have sufficient time to get had not yet exhibited fright.
Ratio Negligence is defined by law as the "omission of that diligence over to the other side. - But in view of the known nature of horses, there was an appreciable
which is required by the nature of the obligation and corresponds with the - As the automobile approached, the defendant guided it toward his left, risk that, if the animal in question was unacquainted with automobiles, he
circumstances of the persons, of the time and of the place." In the that being the proper side of the road for the machine. might get excited and jump under the conditions which here confronted
absence of stipulation or legal provision providing the contrary, the - In so doing the defendant assumed that the horseman would move to him.
the other side.
torts & damages A2010 - 20 - prof. casis

- When the defendant exposed the horse and rider to this danger, he a slight cut in the neck. Manuel had his hand burned and wounded, and
was, in our opinion, negligent in the eye of the law. NATURE David was struck in the face by several particles of the metal capsule,
- The test by which to determine the existence of negligence in a An action to recover damages for the loss of an eye and other injuries, one of which injured his right eye to such an extent as to necessitate its
particular case may be stated as follows: Did the defendant in doing instituted by David Taylor, a minor, by his father, his nearest relative. removal by the surgeons who were called in to care for his wounds.
the alleged negligent act use that reasonable care and caution - The Defendant Companys defense that the caps were under the duty
which an ordinarily prudent person would have used in the same FACTS of independent contractors deserves scant consideration since these
situation? If not, then he is guilty of negligence. - The defendant is a foreign corporation engaged in the operation of a workers have been under the supervision of one of the companys
- The law here in effect adopts the standard supposed to be supplied by street railway and an electric light system in the city of Manila. Its power foremen.
the imaginary conduct of the discreet paterfamilias of the Roman law. plant is situated at the eastern end of a small island in the Pasig River - Plaintiff Taylor appears to have rested his case, as did the trial judge his
- The existence of negligence in a given case is not determined by within the city of Manila, known as the Isla del Provisor. The power plant decision in plaintiff's favor, upon the provisions of article 1089 of the Civil
reference to the personal judgment of the actor in the situation before may be reached by boat or by crossing a footbridge, impassable for Code read together with articles 1902, 1903, and 1908 of that Code.
him. The law considers what would be reckless, blameworthy, or vehicles, at the westerly end of the island. - "ART. 1089. Obligations are created by law, by contracts, by
negligent in the man of ordinary intelligence and prudence and - The plaintiff, David Taylor, was at the same time when he received the quasicontracts, and by illicit acts and omissions or by those in which
determines liability by that. injuries complained of, 15 years of age, the son of a mechanical any kind of fault or negligence occurs."
- The question as to what would constitute the conduct of a prudent man engineer, more mature than the average boy of his age, and having - "ART. 1902. Any person who by an act or omission causes
in a given situation must of course be always determined in the light of considerable aptitude and training in mechanics. damage to another when there is fault or negligence shall be obliged to
human experience and in view of the facts involved in the particular case. - On the 30th of September, 1905, plaintiff, with a boy named Manuel repair the damage so done.
Could a prudent man, in the case under consideration, foresee harm Claparols, about 12 years of age, crossed the footbridge of the Isla del - "ART. 1903. The obligation imposed by the preceding article
as a result of the course actually pursued? If so, it was the duty of Provisor, for the purpose of visiting one Murphy, an employee of the is demandable, not only for personal acts and omission, but also for
the actor to take precautions to guard against that harm. defendant, who had promised to make them a cylinder for a miniature those of the persons for whom they should be responsible.
Reasonable foresight of harm, followed by ignoring of the engine. Finding on inquiry that Mr. Murphy was not in his quarters, the - "The father, and on his death or incapacity the mother, is liable for the
suggestion born of this prevision, is always necessary before boys, impelled apparently by youthful curiosity and perhaps by the damages caused by the minors who alive with them.
negligence can be held to exist. unusual interest which both seem to have taken in machinery, spent xxx xxx xxx
- Stated in these terms, the proper criterion for determining the existence some time in wandering about the company's premises. The visit made "Owners or directors of an establishment or enterprises are equally liable
of negligence in a given case is this: Conduct is said to be negligent on a Sunday afternoon, and it does not appear that they saw or spoke to for the damages caused by their employees in the service of the
when a prudent man in the position of the tortfeasor would have anyone after leaving the power house where they had asked for Mr. branches in which the latter may be employed or on account of their
foreseen that an effect harmful to another was sufficiently probable Murphy. duties.
to warrant his foregoing conduct or guarding against its - After watching the operation of the traveling crane used in handling the xxx xxx xxx
consequences. defendant's coal, they walked across the open space in the neighborhood "The liability referred to in this article shall cease when the persons
- Applying this test to the conduct of the defendant in the present case, of the place where the company dumped the cinders and ashes from its mentioned therein prove that they employed all the diligence of a good
negligence is clearly established. A prudent man, placed in the position of furnaces. Here they found some twenty or thirty brass fulminating caps father of a family to avoid the damage."
the defendant, would have recognized that the course which he was scattered on the ground. These caps are approximately of the size and - "ART. 1908.The owners shall be also be liable for the damages caused
pursuing was fraught with risk, and would therefore have foreseen harm appearance of small pistol cartridges and each has attached to it two "1. By the explosion of machines which may not have been
to the horse and the rider as reasonable consequence of that course. long thin wires by means of which it may be discharged by the use of cared for with due diligence, and for kindling of explosive substance
Under these circumstances the law imposed on the defendant the duty to electricity. They are intended for use in the explosion of blasting charges which may not have been placed in a safe and proper place."
guard against the threatened harm. of dynamite, and have in themselves considerable explosive power. After - In support of his contention, counsel for plaintiff relied on the doctrine
- The plaintiff himself was not free from fault, for he was guilty of some discussion as to the ownership of caps, and their right to take laid down in many of the courts of last result in the United States in the
antecedent negligence in planting himself on the wrong side of the road. them, the boys picked up all they could find, hung them of a stick, of cases known as the "Torpedo" and "Turntable" cases, and the cases
It will be noted however, that the negligent acts of the two parties were which each took one end, and carried them home. After crossing the based thereon.In the typical cases, the question involved has been
not contemporaneous, since the negligence of the defendant succeeded footbridge, they met a little girl named Jessie Adrian, less than 9 years whether a railroad company is liable for an injury received by an infant of
the negligence of the plaintiff by an appreciable interval. Under these old, and all three went to the home of the boy Manuel. The boys then tender years, who from mere idle curiosity, or for purposes of
circumstances the law is that the person who has the last fair chance made a series of experiments with the caps. They thrust the ends of the amusement, enters upon the railroad company's premises, at a place
to avoid the impending harm and fails to do so is chargeable with wires into an electric light socket and obtained no result. They next tried where the railroad company's premises, at a place where the railroad
the consequences, without reference to the prior negligence of the to break the cap with a stone and failed. Manuel looked for a hammer, company knew, or had a good reason to suppose, children who would
other party. but could not find one. They then opened one of the caps with a knife, likely to come, and there found explosive signal torpedoes left exposed
DISPOSITION Appealed decision is reversed. and finding that it was filled with a yellowish substance they got matches, by the railroad company's employees, one of which when carried away
and David held the cap while Manuel applied a lighted match to the by the visitor, exploded and injured him; or where such infant found upon
TAYLOR V MANILA RAILROAD contents. An explosion followed, causing more or less serious injuries to the premises a dangerous machine, such as a turntable left in such
condition as to make it probable that children in playing with it would be
[citation] all three. Jessie, who, when the boys proposed purring a match to the
CARSON; March 22, 1910 contents of the cap, became frightened and started to run away, received
torts & damages A2010 - 21 - prof. casis

exposed to accident or injury therefrom and where the infant did in fact whom the owner owes no duty or obligation whatever. The owner's failure knew the explosive character of the cap with which he was amusing
suffer injury in playing with such machine. to take reasonable precautions to prevent the child form entering himself. The series of experiments made by him in his attempt to produce
In these, and in a great variety of similar cases, the great weight of premises at a place where he knows or ought to know that children are an explosion, as described by the little girl who was present, admit of no
authority holds the owner of the premises liable. accustomed to roam about or to which their childish instincts and other explanation. His attempt to discharge the cap by the use of
- As laid down in Railroad Co. vs. Stout ( 17 Wall. (84 U.S.), 657), impulses are likely to attract them is at least equivalent to an implied electricity, followed by his efforts to explode it with a stone or a hammer,
(wherein the principal question was whether a railroad company was license to enter, and where the child does not enter under such and the final success of his endeavors brought about by the applications
liable for an injury received by an infant while upon its premises, from idle conditions the owner's failure to make reasonable precaution to guard the of a match to the contents of the cap, show clearly that he knew what he
curiosity, or for purposed of amusement, if such injury was, under the child against the injury from unknown or unseen dangers, placed upon was about. Nor can there be any reasonable doubt that he had reason to
circumstances, attributable to the negligence of the company), the such premises by the owner, is clearly a breach of duty, a negligent anticipate that the explosion might be dangerous, in view of the fact that
principles on which these cases turn are that "while railroad company is omission, for which he may and should be held responsible, if the child is the little girl, 9 years of age, who was with him at the time when he put
not bound to the same degree of care in regard to mere strangers who actually injured, without other fault on its part than that it had entered on the match to the contents of the cap, became frightened and ran away.
are unlawfully upon its premises that it owes to passengers conveyed by the premises of a stranger without his express invitation or permission. - We think it is quite clear that under the doctrine thus stated, the
it, it is not exempt from responsibility to such strangers for injuries arising To hold otherwise would be expose to all the children in the community to immediate cause of the explosion , the accident which resulted in
from its negligence or from its tortious acts;" and that "the conduct of an unknown perils and unnecessary danger at the whim of the owners or plaintiff's injury, was his own act of putting a match to the contents of the
infant of tender years is not to be judged by the same rule which governs occupants of land upon which they might naturally and reasonably be cap, and that having "contributed to the principal occurrence, as one of its
that of an adult. While it is the general rule in regard to an adult that to expected to enter. determining factors, he can not recover."
entitle him to recover damages for an injury resulting from the fault or DISPOSITION The petition is DISMISSED.
negligence of another he must himself have been free from fault, such is ISSUE
not the rule in regard to an infant of tender years. The care and caution 1. WON the defendants negligence was the proximate cause of the JARCO MARKETING CORP V CA (AGUILAR)
required of a child is according to his maturity and capacity only, and this injuries, making the company liable
DAVIDE; December 21, 1999
is to be determined in such case by the circumstances of the case."
- The doctrine of the case of Railroad Company vs. Stout was vigorously HELD
FACTS
controverted and sharply criticized in severally state courts, saying that 1. NO
- Petitioner Jarco Marketing Corporation is the owner of Syvel's
(1) That the owner of land is not liable to trespassers thereon for injuries - Just because the kids trespassed doesnt mean that the company is not
Department Store, Makati City. Petitioners Leonardo Kong, Jose Tiope
sustained by them, not due to his wanton or willful acts; (2) that no liable for anything bad that might happen to them. However, we also
and Elisa Panelo are the store's branch manager, operations manager,
exception to this rule exists in favor of children who are injured by have to look at the proximate cause and the maturity of the plaintiff if it
and supervisor, respectively. Private respondents are spouses and the
dangerous machinery naturally calculated to attract them to the premises; was his negligence that contributed to the principal occurrence of the
parents of Zhieneth Aguilar.
(3) that an invitation of license to cross the premises of another can not tragedy. In the case at bar, the Court said that it is of the opinion that
- On May 9, 1983, Criselda and Zhieneth were at the 2 nd flr or Syvels
be predicated on the mere fact that no steps have been taken to interfere under all the circumstances of this case the negligence of the defendant
Dept. Store. Criselda momentarily let go of her daughters hand to sign
with such practice; (4) that there is no difference between children and in leaving the caps exposed on its premises was not the proximate cause
her credit card slip at the payment and verification counter. She suddenly
adults of an invitation or a license to enter upon another's premises. of the injury received by the plaintiff, which therefore was not, properly
felt a gust of wind and heard a loud thud. She looked behind her and saw
However, after an exhaustive and critical analysis and review of may of speaking, "attributable to the negligence of the defendant," and, on the
her daughter on the floor, pinned by the gift-wrapping counter. Zhieneth
the adjudged cases, both English and America, formally declared that it other hand, we are satisfied that plaintiff's action in cutting open the
was crying and screaming for help. Criselda was able to ask people to
adhered "to the principles announced in the case of Railroad Co. vs. detonating cap and putting a match to its contents was the proximate
help her and bring her daughter to the hospital.
Stout." Chief Justice Cooley, voicing the opinion of the supreme court of cause of the explosion and of the resultant injuries inflicted upon the
- She was operated on immediately at the hospital. Gonzales, a former
Michigan, in the case of Powers vs. Marlow, said that: Children, plaintiff, and that the defendant, therefore, is not civilly responsible for the
employee of Syvels Dept Store who helped bring Zhieneth to the
wherever they go, must be expected to act upon childlike instincts and injuries thus incurred. "While it is the general rule in regard to an adult
hospital, heard her tell the doctor that she nothing. I did not come near
impulses; and others who are chargeable with a duty of care and caution that entitle him to recover damages for an injury resulting from the fault or
the counter and the counter just fell on me, when asked what did you
toward them must calculate upon this, and take precautions accordingly. negligence of another he must himself have been free from fault, such is
do? She died 14 days later, on the hospital bed. She was 6 years old.
If they leave exposed to the observation of children anything which would not the rule in regard to an infant of tender years. The care and caution
The cause of her death was attributed to the injuries she sustained.
be tempting to them, and which they in their immature judgment might required of a child is according to his maturity and capacity only, and this
- After the burial of their daughter, the Aguilars demanded from the
naturally suppose they were at liberty to handle or play with, they should is to be determined in each case by the circumstance of the case."
petitioners the reimbursement of hospital and medical bills, and wake and
expect that liberty to be taken." - As regards the maturity of the child, this has to be examined on a case-
funeral expenses. Petitioners refused to pay. So the Aguilars filed a
- The owners of premises, therefore, whereon things attractive to children to-case basis. In the case at bar, plaintiff at the time of the accident was
complaint for damages wherein they sought the payment of P157,522.86
are exposed, or upon which the public are expressively or impliedly wellgrown youth of 15, more mature both mentally and physically than
for actual damages, P300,000 for moral damages, P20,000 for attorney's
permitted to enter to or upon which the owner knows or ought to know the average boy of his age; he had been to sea as a cabin boy; was able
fees and an unspecified amount for loss of income and exemplary
children are likely to roam about for pastime and in play, "must calculate to earn P2.50 a day as a mechanical draftsman thirty days after the injury
damages.
upon this, and take precautions accordingly." In such cases the owner of was incurred; and the record discloses throughout that he was
- RTC for Jarco Marketing Corp, et al. RTC mfr for the Aguilars. CA
the premises can not be heard to say that because the child has entered exceptionally well qualified to take care. The evidence of record leaves
and CA mfr for the Aguilars.
upon his premises without his express permission he is a trespasser to no room for doubt that, despite his denials on the witness stands, he well
torts & damages A2010 - 22 - prof. casis

- Jarco Mktg Corp, et als side: Criselda was negligent in taking she answered right away. This means she wasnt making it up. It is when she signed her credit card slip. At this precise moment, it was
care of her daughter for allowing her to roam freely. Zhieneth was guilty axiomatic that matters relating to declarations of pain or suffering and reasonable and usual for CRISELDA to let go of her child. Further, at
of contributory negligence because she tried to climb the counter. The statements made to a physician are generally considered declarations time ZHIENETH was pinned down by the counter, she was just a foot
counter was made of sturdy wood with a strong base and was used and admissions. All that is required for their admissibility as part of the away from her mother; and the gift-wrapping counter was just four meters
without incident for the past 15 years. It was deliberately placed at a res gestae is that they be made or uttered under the influence of a away from CRISELDA. The time and distance were both significant.
corner to avoid such accidents. The testimony of two former employees, startling event before the declarant had the time to think and concoct a ZHIENETH was near her mother and did not loiter as petitioners would
Gonzales and Guevarra, should not be believed because he might have falsehood as witnessed by the person who testified in court. Under the want to impress upon us. She even admitted to the doctor who treated
ill feelings towards petitioners. The testimony of the present employees circumstances thus described, it is unthinkable for ZHIENETH, a child of her at the hospital that she did not do anything; the counter just fell on
(that Zhieneth climbed the counter so it fell) should instead be believed. such tender age and in extreme pain, to have lied to a doctor whom she her.
- The Aguilars side: While in the dept store, Criselda never let go of trusted with her life. We therefore accord credence to Gonzales' Disposition The instant petition is DENIED and the challenged decision
her daughter except to sign the credit card slip. Gonzales testified that testimony on the matter, i.e., ZHIENETH performed no act that facilitated of the Court of Appeals is hereby AFFIRMED
the gift wrapping counter was right beside the verification counter where her tragic death. Sadly, petitioners did, through their negligence or
Criselda was signing. Both Gonzales and Guevarra testified to the omission to secure or make stable the counter's base.
MAGTIBAY V TIANGCO
structural instability and shakiness of the counter which is in the shape of 2. JARCO MKTG, ET AL.
and inverted L, with a base smaller than the top. The protruding part of - Petitioner Panelo and another store supervisor were personally 74 Phil 756
the counter was at the costumer side. They both had informed informed of the danger posed by the unstable counter. Yet, neither BOCOBO; February 28, 1944
management (while they were still working there) that the counter should initiated any concrete action to remedy the situation nor ensure the safety
be nailed to the floor. The management did nothing. of the store's employees and patrons as a reasonable and ordinary NATURE
prudent man would have done. Thus, as confronted by the situation Appeal from a judgment of the Court of First Instance Batangas
ISSUE petitioners miserably failed to discharge the due diligence required of a
1. WON the incident is accident or attributable to negligence good father of a family. FACTS
2. If negligence, who was negligent? No contributory negligence from Zhieneth - Defendant-appellant Tiangco, a minor under 18 years of age, pleaded
- The conclusive presumption favors children below nine (9) years old in guilty to an information for homicide through reckless negligence in that
HELD that they are incapable of contributory negligence. In our jurisdiction, a he had recklessly driven an automobile and thereby caused the death of
1. NEGLIGENCE. person under nine years of age is conclusively presumed to have acted Magtibay, of whom plaintiffs-appellees are the lawful heirs. The Court of
- An accident pertains to an unforeseen event in which no fault or without discernment, and is, on that account, exempt from criminal First Instance (CFI) Batangas found Tiangco guilty as charged, but as he
negligence attaches to the defendant. It is "a fortuitous circumstance, liability. The same presumption and a like exemption from criminal liability was under 18 years of age, the sentence was suspended, and he was
event or happening; an event happening without any human agency, or if obtains in a case of a person over nine and under fifteen years of age, committed to the care and custody of Atty. Abaya, until Tiangco would
happening wholly or partly through human agency, an event which under unless it is shown that he has acted with discernment. Since negligence reach his majority, subject to the supervision of the Superintendent of
the circumstances is unusual or unexpected by the person to whom it may be a felony and a quasi-delict and required discernment as a Public Schools of the Province. Subsequently, Abaya, in view of
happens." condition of liability, either criminal or civil, a child under nine years of age Tiangcos good conduct recommended the dismissal of the case. The
- On the other hand, negligence is the omission to do something which a is, by analogy, conclusively presumed to be incapable of negligence; and CFI dismissed the criminal case, but reserved such right as the heirs of
reasonable man, guided by those considerations which ordinarily that the presumption of lack of discernment or incapacity for negligence the deceased might have to recover damages in a civil action against
regulate the conduct of human affairs, would do, or the doing of in the case of a child over nine but under fifteen years of age is a said Tiangco. Accordingly, the civil action in the instant case was filed
something which a prudent and reasonable man would not do. rebuttable one, under our law. The rule, therefore, is that a child under against defendant-appellant for damages in the sum of P2,000 for the
Negligence is "the failure to observe, for the protection of the interest of nine years of age must be conclusively presumed incapable of death of Magtibay. The CFI gave judgment for plaintiffs for P2,000 as
another person, that degree of care, precaution and vigilance which the contributory negligence as a matter of law. (Sangco) damages. Hence this appeal.
circumstances justly demand, whereby such other person suffers injury." - Even if we attribute contributory negligence to ZHIENETH and assume
- Accident and negligence are intrinsically contradictory; one cannot exist that she climbed over the counter, no injury should have occurred if we ISSUE
with the other. Accident occurs when the person concerned is exercising accept petitioners' theory that the counter was stable and sturdy. For if WON the suspension of the sentence under Art. 80 of the RPC, after
ordinary care, which is not caused by fault of any person and which could that was the truth, a frail six-year old could not have caused the counter appellant had pleaded guilty, exonerated him from the crime charged
not have been prevented by any means suggested by common to collapse. The physical analysis of the counter by both the trial court
prudence. and Court of Appeals and a scrutiny of the evidence on record reveal that HELD
- The test in determining the existence of negligence is enunciated in the it was not durable after all. Shaped like an-inverted "L" the counter was NO
landmark case of Picart v. Smith, thus: Did the defendant in doing the heavy, huge, and its top laden with formica. It protruded towards the - The suspension of the sentence under Art.80 of the Revised Penal
alleged negligent act use that reasonable care and caution which an customer waiting area and its base was not secured. Code, after appellant herein had pleaded guilty, did not wipe out his guilt,
ordinary prudent person would have used in the same situation? If not, No contributory negligence from Criselda but merely put off the imposition of the corresponding penalty, in order to
then he is guilty of negligence. - CRISELDA too, should be absolved from any contributory negligence. give the delinquent minor a chance to be reformed. When, therefore,
- Gonzales testimony about what Zhieneth said to the doctor should be Initially, ZHIENETH held on to CRISELDA's waist, later to the latter's after he had observed good conduct, the criminal case was dismissed,
accepted because at the time she said it, she was in so much pain and hand. CRISELDA momentarily released the child's hand from her clutch this did not mean that he was exonerated from the crime charged, but
torts & damages A2010 - 23 - prof. casis

simply that he would suffer no penalty. Nor did such dismissal of the - Jose rejoined that he should into touch wires as they carry a current, but - He concurs that MERALCO is held liable for the death of Alberto, but
criminal case obliterate his civil liability for damages. Liability of an infant Alberto, no doubt feeling that he was challenged in the matter, put out his dissents in so far as the decision allows the recovery of the father of the
for his torts is imposed as a mode, not of punishment, but of index finger and touch the wire. sum of P1,250 only as damages. It should be P 2250.
compensation. If property has been destroyed or other loss occasioned - He immediately fell face downwards, exclaiming "Ay! madre". - His reasoning: It is well settled in this jurisdiction that an action will lie to
by a wrongful act, it is just that the loss should upon the estate of the - The end of the wire remained in contact with his body which fell near recover damages for death caused by the wrongful act. (Manzanares vs.
wrongdoer rather than that of a guiltless person, and that without the post. Moreta, 38 Phil., 821.)
reference to the question of moral guilt. Consequently, for every tortuous - A crowd soon collected, and some one cut the wire and disengaged the - In criminal cases- indemnity to the heirs of the deceased is equivalent to
act of violence or other pure tort, the infant tort-feasor is liable in a civil body. Upon being taken to St. Luke's Hospital the child was pronounced P1,000
action to the injured person in the same manner and to the same extent dead. - Whatever may be the reasons for the rule followed in criminal cases, I
as an adult. - The wire was an ordinary number 6 triple braid weather proof wire, such am of the opinion that those reasons do not obtain in fixing the amount of
DISPOSITION Judgment affirmed. as is commonly used by the defendant company for the purpose of the damages recoverable in the present case.
conducting electricity for lighting. - The indemnity allowed in criminal case is merely incidental to the main
- The wire was cased in the usual covering, but this had been burned off
DEL ROSARIO V MANILA ELECTRIC CO. object sought, which is the punishment of the guilty party.
for some distance from the point where the wire parted. - In a civil action, the principal object is the recovery of damages for
57 PHIL 478 - The engineer of the company says that it was customary for the wrongful death; and where, as in this case, the defendant is a
STREET; November 5, 1932 company to make a special inspection of these wires at least once in six corporation, not subject to criminal prosecution for the act complained of,
months, and that all of the company's inspectors were required in the question assumes a vastly different aspect.
FACTS their daily rounds to keep a lookout for trouble of this kind. - There should be a distinction between the civil liability of an ordinary
***This action was instituted by Julian del Rosario for the purpose of - There is nothing in the record indicating any particular cause for the person who, by wrongful act, has caused the death of another; and the
recovering damages from Meralco for the death of his son, Alberto, parting of the wire.l civil liability of a corporation, organized primarily for profit, which has
resulting from a shock from a wire used by the defendant for the caused the death of a person by failure to exercise due care in the
transmission of electricity. ISSUE prosecution of its business.
- Aug 4, 1930 2pm: a wire used by the defendant on Dimas- Alang St WON Manila Electric is liable - The liability of such a corporation for damages must be regarded as a
for the purpose of conducting electricity used in lighting the City of Manila part of the risks which it assumes when it undertakes to promote its own
and its suburbs. HELD business; and just as it is entitled to earn adequate profits from its
- Jose Noguera saw that the wire was burning and its connections YES business, so it should be made adequately to compensate those who
smoking. One of the ends of the wire fell to the ground among some Reasoning have suffered damage by its negligence.
shrubbery close to the way. - When notice was received at the Malabon station at 2.25 p. m.,
- As soon as Noguera took cognizance of the trouble, he stepped into a somebody should have been dispatched to the scene of the trouble at
YLARDE V AQUINO
garage which was located nearby and asked Jose Soco to telephone the once, or other measures taken to guard the point of danger; but more
than an 1 hours passed before anyone from MERALCO appeared on [citation]
Malabon station of MERALCO that an electrical wire was burning at that
place. the scene, and in the meantime Alberto had been claimed as a victim. GANCAYCO; July 29, 1988
- Soco transmitted the message at 2.25 p.m. and received answer from - The mere fact that the deceased ignored the caution of Jose (8 yrs old),
the station to the effect that they would send an inspector. doesnt alter the case. NATURE
- At the time that message was sent the wire had not yet parted, but from - But even supposing that contributory negligence could in some Petition for review on certiorari
the testimony of Demetrio Bingao, one of the witnesses for the defense, it measure be properly imputed to the deceased, such negligence would
is clear that the end of the wire was on the ground shortly after 3 p.m. not be wholly fatal to the right of action in this case, not having been the FACTS
- At 4 p. m. the neighborhood school was dismissed and the children determining cause of the accident. (Rakes vs. Atlantic, Gulf and Pacific - Soriano was principal. Aquino was a teacher. The school was littered
went home. Co., 7 Phil., 359.) with concrete blocks. Teacher Banez started burying them. Aquino
- Alberto del Rosario, 9 yrs old, who was a few paces ahead of his - With respect to the amount of damages recoverable, Julian is entitled to gathered 18 male pupils to help. He ordered them to dig. Work was
classmates, Jose Salvador and Saturnino Endrina, all members of the recover P250 for expenses incurred in connection with the death and unfinished.
second grade in the public school. burial of the boy. - Ff day, Aquino called 4 of the 18 to continue. Aquino continued digging
- As the three neared the place where the wire was down, Saturnino - Citing Astudillo vs. Manila Electric Company: Julian should recover the while the pupils remained inside the pit throwing out the loose soil.
made a motion as if it touch it. sum of P1,000 as general damages for loss of service. Aquino left the children to level the loose soil and borrowed a key from
- Jose, who happened to be the son of an electrician, knew never to Disposition judgment reversed Banez. Aquino told the kids not to touch the stone.
touch a broken electrical wire (as his dad told him so!)- stopped - 3 of the 4 kids jumped into the pit. The remaining Abaga jumped on the
Saturnino- telling him that the wire might be charged. SEPARATE OPINION concrete block causing it to slide down. 2 were able to escape but
- Saturnino yielded to this admonition and stopped, but Alberto, who was student Ylarde sustained injuries. 3 days later he died.
somewhat ahead, said, I have for some time been in the habit of Parents filed suit against Aquino and Soriano. Lower court dismissed
ABAD SANTOS [concur in part and dissent in part]
touching wires. and CA affirmed and said child Ylarde was negligent.
torts & damages A2010 - 24 - prof. casis

mixture was placed on deck above and at a short distance from the occurred, the external parts of the carburetor, already saturated with
ISSUE compartment covering the engine. This tank was connected with the gasoline, burst into flames, whence the fire was quickly communicated to
WON Aquino and Soriano can be held liable for damages carburetor by a piece of tubing, which was apparently not well fitted at the the highly inflammable material near-by. The leak along the pipe line and
point where it was connected with the tank. The fuel mixture leaked from the flooding of the carburetor had created a dangerous situation, which a
HELD the tank and dripped sown into the engine compartment. The new fuel prudent mechanic, versed in repairs of this nature, would have taken
- Principal Soriano cannot be held liable, being head of academic school line and that already in use between the gasoline tank and carburetor precautions to avoid. The back fire may have been due either to the fact
and not school of arts and trades, in line with Amadora case and Art 2180 were so fixed that it was possible to change from the gasoline fuel to the that the spark was too advanced or the fuel improperly mixed.
of Civil Code. It is only the teacher who should answer for torts mixed fuel. This arrangement enables the operator to start the engine on - Proof shows that Quest had had ample experience in fixing the engines
committed by their students. Besides, Soriano did not order the digging. gasoline and then, after the engine had been operating for a few of automobiles and tractors, but it does not appear that he was
- Based on Article 2180, Aquino can be held liable. However, petition is moments, to switch to the new fuel supply. experienced in the doing of similar work on boats. Possibly the dripping
based on Article 2176. Did the acts/omissions of Aquino cause the death - It was observed that the carburetor was flooding, and that the gasoline, of the mixture form the tank on deck and the flooding of the carburetor
of Ylarde? Yes. He is liable for damages. The work required adult or other fuel, was trickling freely from the lower part to the carburetor to did not convey to his mind an adequate impression of the danger of fire.
laborers. He required the children to remain in the pit after they finished the floor. This fact was called to Quest's attention, but he said that, when Quest did not use the skill that would have been exhibited by one
digging. He ordered them to level the soil when a huge stone was at the engine had gotten to running well, the flooding would disappear. ordinarily expert in repairing gasoline engines on boats. There was here,
brink of falling. He went to another place and left the kids. - The boat was taken out into the bay for a trial run. The engine stopped on the part of Quest, a blameworthy antecedent inadvertence to possible
- Left by themselves, IT WAS BUT NATURAL FOR THE CHILDREN TO a few times during the first part of the course, owing to the use of an harm, and this constitutes negligence. The burning of the Gwendoline
PLAY AROUND. IN RULING THAT YLARDE WAS IMPRUDENT, THE improper mixture of fuel. In the course of the trial, Quest remained may be said to have resulted from accident, but this accident was in no
LOWER COURT DID NOT CONSIDER HIS AGE AND MATURITY. A outside of the engine compartment and occupied himself with making sense an unavoidable accident. It would not have occured but for Quest's
MINOR SHOULD NOT BE HELD TO THE SAME DEGREE OF CARE distillate, with a view to ascertaining what proportion of the two elements carelessness or lack of skill. The test of liability is not whether the injury
AS AN ADULT. would give best results in the engine. was accidental in a sense, but whether Quest was free from blame.
- Aquino also said the digging was part of Work Education. This is - As the boat was coming in from this run, the engine stopped, and - The trial judge seems to have proceeded on the idea that, inasmuch as
unacceptable. Work is too dangerous and it was not even in the lesson connection again had to be made with the gasoline line to get a new Quest had control of the Gwendoline during the experimental run, the
plan. start. After this had been done the mechanic, or engineer, switched to the defendant corporation was in the position of a bailee and that, as a
tube connecting with the new mixture. A moment later a back fire consequence, the burden of proof was on the defendant to exculpate
occurred in the cylinder chamber. This caused a flame to shoot back into itself from responsibility by proving that the accident was not due to the
CULION ICE, FISH AND ELECTRIC CO V PHILIPPINE
the carburetor, and instantly the carburetor and adjacent parts were fault of Quest. As a rule workmen who make repairs on a ship in its
MOTORS CORPORATION covered with a mass of flames, which the members of the crew were owner's yard, or a mechanic who repairs a coach without taking it to his
[citation] unable to subdue. The salvage from, the wreck, when sold, brought only shop, are not bailees, and their rights and liabilities are determined by the
STREET; November 3, 1930 the sum of P150. The value of the boat, before the accident occured, as general rules of law, under their contract. The true bailee acquires
the court found, was P10,000. possession and what is usually spoken of as special property in the
NATURE - CFI gave judgment in favor of the plaintiff to recover of the defendant chattel bailed. As a consequence of such possession and special
Appeal from decision of the CFI the sum of P9,850, with interest at 6 per centum per annum from the date property, the bailee is given a lien for his compensation. These ideas
of the filing of the complaint, until satisfaction of the judgment, with costs. seem to be incompatible with the situation now under consideration.
FACTS - This action was instituted about two years after the accident had
- Cranston was the representative of the plaintiff in Manila and plaintiff ISSUE occured, and after Quest had ceased to be manager and had gone back
was the registered owner of the motor schooner Gwendoline. WON the loss of the boat is chargeable to the negligence and lack of skill to the US. Upon these facts, the defendant bases the contention that the
- Cranston decided to have the engine on the Gwendoline changed from of Quest action should be considered stale. It is sufficient reply to say that the
a gasoline consumer to a crude oil burner. He had a conference with action was brought within the period limited by the statute of limitations
Quest, Phil. Motors manager, who agreed to do the job, with the HELD and the situation is not one where the defense of laches can be properly
understanding that payment should be made upon completion of the YES invoked.
work. Ratio When a person holds himself out as being competent to do things DISPOSITION Judgment appealed from affirmed.
- The work was begun and conducted under the supervision of Quest, requiring professional skill, he will be held liable for negligence if he fails
chiefly by a mechanic whom Quest took with him to the boat. Quest had to exhibit the care and skill of one ordinarily skilled in the particular work
UNITED STATES V PINEDA
the assistance of the members of the crew of the Gwendoline, who had which he attempts to do.
Reasoning 37 Phil 456
been directed by Cranston to place themselves under Quest's directions.
- Upon preliminary inspection of the engine, Quest concluded that a new - The temporary tank in which the mixture was prepared was apparently MALCOLM; January 22, 1918
carburetor was needed and thus installed a Zenith carburetor. The at too great an elevation from the carburetor, so that when the fuel line
engine was tried with gasoline and the result was satisfactory. The next was opened, the hydrostatic pressure in the carburetor was greater than NATURE
problem was to introduce into the carburetor the baser fuel, consisting of the delicate parts of the carburetor could sustain. This was the cause of Appeal requiring a construction and an application, for the first time, of
a low grade of oil mixed with distillate. A temporary tank to contain the the flooding of the carburetor; and the result was that; when the back fire the penal provisions of the Pharmacy Law.
torts & damages A2010 - 25 - prof. casis

certain exceptions thereto. The effort is not to convict the accused of a - Remembering particularly the care and skill which are expected of
FACTS second offense. Nor is there an attempt to draw the mind away from the druggists, that in some jurisdictions they are liable even for their mistake
- Santiago Pineda is a registered pharmacist of long standing and the point at issue and thus to prejudice defendant's case. The purpose is to and in others have the burden placed upon them to establish that they
owner of a drug store located at Calle Santo Cristo, Manila. Feliciano ascertain defendant's knowledge and intent, and to fix his negligence. If were not negligent, it cannot be that the Philippine Legislature intended to
Santos, having some sick horses, presented a copy of a prescription the defendant has on more than one occasion performed similar acts, use the word "fraudulent" in all its strictness. A plea of accident and
obtained from Dr. Richardson, and which on other occasions Santos had accident in good faith is possibly excluded, negligence is intensified and mistake cannot excuse for they cannot take place unless there be wanton
given to his horses with good results, at Pineda's drug store for filling. fraudulent intent may even be established. It has been said that there is and criminal carelessness and neglect. How the misfortune occurs is
The prescription read: "clorato de potasa - 120 gramos - en seis no better evidence of negligence than the frequency of accidents. unimportant, if under all the circumstances the fact of occurrence is
papelitos de 20 gramos, para caballo." Under the supervision of Pineda, 2. NO attributable to the druggist as a legal fault. Rather considering the
the prescription was prepared and returned to Santos in the form of six Reasoning The proof demonstrates the contrary. responsibility for the quality of drugs which the law imposes on druggists
papers marked, "Botica Pineda - Clorato potasa - 120.00 - en seis 3. NO and the position of the word "fraudulent" in juxtaposition to "name," what
papeles - Para caballo- Sto. Cristo , Binondo, Manila." Santos, under the Ratio In view of the tremendous and imminent danger to the public from is made unlawful is the giving of a false name to the drug asked for. This
belief that he had purchased the potassium chlorate which he had asked the careless sale of poisons and medicines, we do not deem it too rigid a view is borne out by the Spanish translation, which we are permitted to
for, put two of the packages in water and gave the doses to two of his rule to hold that the law penalizes any druggist who shall sell one drug for consult to explain the English text. In the Spanish "supuesto" is used, and
sick horses. Another package was mixed with water for another horse, another whether it be through negligence or mistake. this word is certainly not synonymous with "fraudulent." The usual
but was not used. The two horses, to which had been given the Reasoning badges of fraud, falsity, deception, and injury must be present - but not
preparation, died shortly afterwards. Santos, thereupon, took the three - The care required must be commensurate with the danger involved, scienter.
remaining packages to the Bureau of Science for examination. Drs. and the skill employed must correspond with the superior knowledge of Dispositive Judgment of the lower court, sentencing the defendant to
Pea and Darjuan, of the Bureau of Science, found that the packages the business which the law demands. pay a fine of P100, with subsidiary imprisonment in case of insolvency,
contained not potassium chlorate but barium chlorate. At the instance of - Turning to the law, certain points therein as bearing on our present facts and to pay the costs, is affirmed with the costs of this instance against
Santos, the two chemists also went to the drug store of the defendant must be admitted. Thus, defendant is a pharmacist. As a pharmacist, he the appellant, without prejudice to any civil action which may be
and bought potassium chlorate, which when analyzed was found to be is made responsible for the quality of all drugs and poisons which he instituted.
barium chlorate. (Barium chlorate, it should be noted, is a poison; sells. And finally it is provided that it shall be unlawful for him to sell any
potassium chlorate is not.) Dr. Buencamino, a veterinarian, performed drug or poison under any "fraudulent name." It is the word "fraudulent" BPI V CA
an autopsy on the horses, and found that death was the result of which has given the court trouble. What did the Legislature intend to
216 SCRA 51
poisoning. convey by this restrictive adjective?
- Were we to adhere to the technical definition of fraud it would be GUTIERREZ; November 26, 1992
ISSUES difficult, if not impossible, to convict any druggist of a violation of the law.
1. WON the lower court erred in admitting the testimony of the chemist The prosecution would have to prove to a reasonable degree of certainty FACTS
Pea and Darjuan as to their purchase of potassium chlorate at the drug that the druggist made a material representation; that it was false; that - In the afternoon of October 9, 1981, a person purporting to be Eligia G.
store of the accused, which proved to be barium chlorate when he made it he knew that it was false or made it recklessly without Fernando, who had a money market placement as evidenced by a
2. WON the lower court erred in finding that the substance sold by the any knowledge of its truth and as a positive assertion; that he made it promissory note with a maturity date of November 11, 1981 and a
accused to Feliciano Santos was barium chlorate and not potassium with the intention that it should be acted upon by the purchaser; that the maturity value of P2,462,243.19, called BPI's Money Market Department.
chlorate purchaser acted in reliance upon it, and that the purchaser suffered The caller wanted to preterminate the placement, but Reginaldo
3. WON the lower court erred in finding that the accused has been injury. Such a construction with a literal following of well-known principles Eustaquio, Dealer Trainee in BPI's Money Market Department, told her
proved guilty beyond a reasonable doubt of an infraction of the on the subject of fraud would strip the law of at least much of its force. It "trading time" was over for the day, which was a Friday, and suggested
Pharmacy Law, Act No. 597, section 17, as amended would leave the innocent purchaser of drugs, who must blindly trust in the that she call again the following week. The promissory note the caller
good faith and vigilance of the pharmacist, at the mercy of any wanted to preterminate was a roll-over of an earlier 50-day money market
HELD unscrupulous vendor. We should not, therefore, without good reason so placement that had matured on September 24, 1981.
1. NO devitalize the law. - Later that afternoon, Eustaquio conveyed the request for pretermination
Ratio On the trial of a criminal case where the question relates to the - The rule of caveat emptor cannot apply to the purchase and sale of to the officer who before had handled Eligia G. Fernando's account,
tendency of certain testimony to throw light upon a particular fact, or to drugs. The vendor and the vendee do not stand at arms length as in Penelope Bulan, but Eustaquio was left to attend to the pretermination
explain the conduct of a particular person, there is a certain discretion on ordinary transactions. An imperative duty is on the druggist to take process.
the part of the trial judge which a court of errors will not interfere with, precautions to prevent death or serious injury to anyone who relies on his - On October 12, 1981, the caller of the previous Friday followed up with
unless it manifestly appear that the testimony has no legitimate bearing absolute honesty and peculiar learning. The nature of drugs is such that Eustaquio, merely by phone again, on the pretermination of the
upon the question at issue, and is calculated to prejudice the accused. examination would not avail the purchaser any thing. It would be idle placement. Although not familiar with the voice of the real Eligia G.
Reasoning mockery for the customer to make an examination of a compound of Fernando, Eustaquio "made certain" that the caller was the real Eligia G.
- What appellant is relying on is the maxim res inter alios acta. As a which he can know nothing. Consequently, it must be that the druggist Fernando by "verifying" that the details the caller gave about the
general rule, the evidence of other offenses committed by a defendant is warrants that he will deliver the drug called for. placement tallied with the details in "the ledger/folder" of the account.
inadmissible. But appellant has confused this maxim and this rule with Eustaquio knew the real Eligia G. Fernando to be the Treasurer of
Philippine American Life Insurance Company (Philamlife) since he was
torts & damages A2010 - 26 - prof. casis

handling Philamlife's corporate money market account. But neither China Banking Corporation's Head Office for the opening of a current - On November 12, 1981, supported by Eligia G. Fernando's affidavit, BPI
Eustaquio nor Bulan who originally handled Fernando's account, nor account. She was accompanied and introduced to Emily Sylianco Cuaso, returned the two checks in controversy to CBC for the reason "Payee's
anybody else at BPI, bothered to call up Fernando at her Philamlife office Cash Supervisor, by Antonio Concepcion whom Cuaso knew to have endorsement forged". CBC, in turn, returned the checks for reason
to verify the request for pretermination. opened, earlier that year, an account upon the introduction of Valentin "Beyond Clearing Time". These incidents led to the filing of this case with
- Informed that the placement would yield less than the maturity value Co, a long-standing "valued client" of CBC. What Cuaso indicated in the the Arbitration Committee.
because of its pretermination, the caller insisted on the pretermination application form, however, was that the new client was introduced by - The Arbitration Committee ruled in favor of BPI and ordered CBC to pay
just the same and asked that two checks be issued for the proceeds, one Valentin Co, and with her initials on the form signifying her approval, she the former the amount of P1,206,607.58 with interest thereon at 12% per
for P1,800,000.00 and the second for the balance, and that the checks referred the application to the New Accounts Section for processing. As annum from August 12, 1983.
be delivered to her office at Philamlife. Eustaquio, thus, proceeded to finally proceeds, the application form shows the signature of "Eligia G. - However, upon CBCs motion for reconsideration, the Board of
prepare the "purchase order slip" for the requested pretermination as Fernando", "her" date of birth, sex, civil status, nationality, occupation Directors of the PCHC reversed the Arbitration Committee's decision and
required by office procedure, and from his desk, the papers, following the ("business woman"), tax account number, and initial deposit of dismissed the complaint of BPI while ordering it to pay CBC the sum of
processing route, passed through the position analyst, securities clerk, P10,000.00. This final approval of the new current account is indicated on P1,206,607.58.
verifier clerk and documentation clerk, before the two cashier's checks, the application form by the initials of Regina G. Dy, Cashier, who did not - BPI then filed a petition for review with the Regional Trial Court of
nos. 021759 and 021760 for P1,800,000.00 and P613,215.16, interview the new client but affixed her initials on the application form Makati who dismissed said petition but modified the award by including a
respectively, both payable to Eligia G. Fernando, covering the after reviewing it. provision for attorneys fees in favor of CBC, among others.
preterminated placement, were prepared. The two cashier's checks, - On October 14, 1981, the woman holding herself out as Eligia G. - The court of appeals affirmed the trial courts decision.
together with the papers consisting of the money market placement was Fernando deposited the two checks in controversy with Current Account
to be preterminated and the promissory note (No. 35623) to be No. 126310-3. Her endorsement on the two checks was found to conform ISSUES
preterminated, were sent to Gerlanda E. de Castro and Celestino with the depositor's specimen signature. CBC's guaranty of prior 1. WON the collecting bank has absolute liability on a warranty of the
Sampiton, Jr., Manager and Administrative Assistant, respectively, in endorsements and/or lack of endorsement was then stamped on the two validity of all prior endorsements stamped at the back of the checks
BPI's Treasury Operations Department, both authorized signatories for checks, which CBC forthwith sent to clearing and which BPI cleared on 2. In the event that the payee's signature is forged, WON the
BPI, who signed the two checks that very morning. Thereafter, the the same day. drawer/drawee bank (in this case BPI) may claim reimbursement from
checks went to the dispatcher for delivery. - Two days after, withdrawals began on Current Account No. 26310-3: the collecting bank which earlier paid the proceeds of the checks after the
- Later in the same morning, however, the same caller changed the On October 16, 1981, by means of Check No. 240005 dated the same same checks were cleared
delivery instructions; instead of the checks being delivered to her office at day for P1,000,000.00, payable to "cash", which the woman holding
Philamlife, she would herself pick up the checks or send her niece, herself out as Eligia G. Fernando encashed over the counter, and Check HELD
Rosemarie Fernando, to pick them up. Eustaquio then told her that if it No. 240003 dated October 15, 1981 for P48,500.00, payable to "cash" 1. NO
were her niece who was going to get the checks, her niece would have to which was received through clearing from PNB Pasay Branch; on - BPI contends that respondent CBC's clear warranty that "all prior
being a written authorization from her to pick up the checks. This October 19, 1981, by means of Check No. 240006 dated the same day endorsements and/or lack of endorsements guaranteed" stamped at the
telephone conversation ended with the caller's statement that "definitely" for P1,000,000.00, payable to "cash," which the woman identifying back of the checks was an unrestrictive clearing guaranty that all prior
it would be her niece, Rosemarie Fernando, who would pick up the herself as Eligia G. Fernando encashed over the counter; on October 22, endorsements in the checks are genuine. Under this premise petitioner
checks. Thus, Eustaquio had to hurriedly go to the dispatcher, Bernardo 1981, by means of Check No. 240007 dated the same day for BPI asserts that the presenting or collecting bank, respondent CBC, had
Laderas, to tell him of the new delivery instructions for the checks; in fact, P370,000.00, payable to "cash" which the woman herself also encashed an unquestioned liability when it turned out that the payee's signature on
he changed the delivery instruction on the purchase order slip, writing over the counter; and on November 4, 1981, by means of Check No. the checks were forged. With these circumstances, petitioner BPI
thereon "Rosemarie Fernando release only with authority to pick up. 240001 dated November 3, 1981 for P4,100.00, payable to "cash," which maintains that considerations of relative negligence become totally
- It was, in fact Rosemarie Fernando who got the two checks from the was received through clearing from Far East Bank. The last withdrawal irrelevant.
dispatcher, as shown by the delivery receipt. As it turned out, the same on November 4, 1981 left Current Account No. 26310-3 with a balance of - In presenting the checks for clearing and for payment, the collecting
person impersonated both Eligia G. Fernando and Rosemarie Fernando. only P571.61. bank made an express guarantee on the validity of "all prior
Although the checks represented the termination proceeds of Eligia G. - On November 11, 1981, the maturity date of Eligia G. Fernado's money endorsements." Thus, stamped at the back of the checks are the clear
Fernando's placement, not just a roll-over of the placement, the market placement with BPI, the real Eligia G. Fernando went to BPI for warranty: ALL PRIOR ENDORSEMENTS AND/OR LACK OF
dispatcher failed to get or to require the surrender of the promissory note the roll-over of her placement. She disclaimed having preterminated her ENDORSEMENTS GUARANTEED. Without such warranty, the drawee
evidencing the placement. There is also no showing that Eligia G. placement on October 12, 1981. She executed an affidavit stating that bank would not have paid on the checks. No amount of legal jargon can
Fernando's purported signature on the letter requesting the while she was the payee of the two checks in controversy, she never reverse the clear meaning of the warranty. As the warranty has proven to
pretermination and the latter authorizing Rosemarie Fernando to pick up received nor endorsed them and that her purported signature on the back be false and inaccurate, the defendant is liable for any damage arising
the two checks, both of which letters were presumably handed to the of the checks was not hers but forged. With her surrender of the original out of the falsity of its representation.
dispatcher by Rosemarie Fernando, was compared or verified with Eligia of the promissory note (No. 35623 with maturity value of P2,462,243.19) - Apropos the matter of forgery in endorsements, this Court has
G. Fernando's signature in BPI's file. Such purported signature has been evidencing the placement which matured that day, BPI issued her a new emphasized that the collecting bank or last endorser generally suffers the
established to be forged although it has a "close similarity" to the real promissory note (No. 40314 with maturity date of December 23, 1981 loss because it has the duty to ascertain the genuineness of all prior
signature of Eligia G. Fernando. In the afternoon of October 13, 1981, a and maturity value of P2,500.266.77) to evidence a roll-over of the endorsements considering that the act of presenting the check for
woman who represented herself to be Eligia G. Fernando applied at placement. payment to the drawee is an assertion that the party making the
torts & damages A2010 - 27 - prof. casis

presentment has done its duty to ascertain the genuineness of the expected of their employees and officials is far greater than those of checks bearing the impostor's name as payee and the impostor's
endorsements. If the drawee-bank discovers that the signature of the ordinary clerks and employees. For obvious reasons, the banks are negotiating the said forged checks by opening an account and depositing
payee was forged after it has paid the amount of the check to the holder expected to exercise the highest degree of diligence in the selection and the same with respondent CBC is not controlling. It is not unnatural or
thereof, it can recover the amount paid from the collecting bank. supervision of their employees. unexpected that after taking the risk of impersonating Eligia G. Fernando
However, the point that comes uppermost is whether the drawee bank - In the present case, there is no question that the banks were negligent with the connivance of BPI's employees, the impostor would complete
was negligent in failing to discover the alteration or the forgery. in the selection and supervision of their employees. The Arbitration her deception by encashing the forged checks. There is therefore,
- The general rule under Section 23 of the Negotiable Instruments Law is Committee, the PCHC Board of Directors and the lower court, however greater reason to rule that the proximate cause of the payment of the
to the effect that a forged signature is "wholly inoperative", and payment disagree in the evaluation of the degree of negligence of the banks. forged checks by an impostor was due to the negligence of petitioner
made "through or under such signature" is ineffectual or does not While the Arbitration Committee declared the negligence of respondent BPI. This finding, notwithstanding, we are not inclined to rule that
discharge the instrument. The exception to this rule is when the party CBC graver, the PCHC Board of Directors and the lower courts declared petitioner BPI must solely bear the loss of P2,413,215.16, the total
relying in the forgery is "precluded from setting up the forgery or want of that petitioner BPI's negligence was graver. To the extent that the degree amount of the two (2) forged checks. Due care on the part of CBC could
authority. In this jurisdiction we recognize negligence of the party of negligence is equated to the proximate cause of the loss, we rule that have prevented any loss.
invoking forgery as an exception to the general rule. the issue as to whose negligence is graver is relevant. No matter how - The Court cannot ignore the fact that the CBC employees closed their
- In the present petition the payee's names in the checks were forged. many justifications both banks present to avoid responsibility, they cannot eyes to the suspicious circumstances of huge over-the-counter
Following the general rule, the checks are "wholly inoperative" and of no erase the fact that they were both guilty in not exercising extraordinary withdrawals made immediately after the account was opened. The
effect. However, the underlying circumstances of the case show that the diligence in the selection and supervision of their employees. opening of the account itself was accompanied by inexplicable acts
general rule on forgery is not applicable. The issue as to who between 2. NO clearly showing negligence. And while we do not apply the last clear
the parties should bear the loss in the payment of the forged checks - The next issue hinges on whose negligence was the proximate cause of chance doctrine as controlling in this case, still the CBC employees had
necessities the determination of the rights and liabilities of the parties the payment of the forged checks by an impostor. Petitioner BPI insists ample opportunity to avoid the harm which befell both CBC and BPI.
involved in the controversy in relation to the forged checks. that the doctrine of last clear chance should have been applied They let the opportunity slip by when the ordinary prudence expected of
- The records show that petitioner BPI as drawee bank and respondent considering the circumstances of this case. Under this doctrine, where bank employees would have sufficed to seize it.
CBC as representing or collecting bank were both negligent resulting in both parties were negligent and such negligence were not - Both banks were negligent in the selection and supervision of their
the encashment of the forged checks. contemporaneous, the person who has the last fair chance to avoid the employees resulting in the encashment of the forged checks by an
- The Arbitration Committee in its decision analyzed the negligence of the impending harm and fails to do so is chargeable with the consequences, impostor. Both banks were not able to overcome the presumption of
employees of petitioner BPI involved in the processing of the pre- without reference to the prior negligence of the other party. negligence in the selection and supervision of their employees. It was the
termination of Eligia G. Fernando's money market placement and in the - Applying these principles, petitioner BPI's reliance on the doctrine of last gross negligence of the employees of both banks which resulted in the
issuance and delivery of the subject checks in this wise: a) The impostor clear chance to clear it from liability is not well-taken. CBC had no prior fraud and the subsequent loss. While it is true that petitioner BPI's
could have been readily unmasked by a mere telephone call, which notice of the fraud perpetrated by BPI's employees on the pretermination negligence may have been the proximate cause of the loss, respondent
nobody in BPI bothered to make to Eligia G. Fernando, a vice-president of Eligia G. Fernando's money market placement. Moreover, Fernando is CBC's negligence contributed equally to the success of the impostor in
of Philamlife; b) The officer who used to handle Eligia G. Fernando's not a depositor of CBC. Hence, a comparison of the signature of Eligia G. encashing the proceeds of the forged checks. Under these
account did not do anything about the account's pre-termination; c) Again Fernando with that of the impostor Eligia G. Fernando, which respondent circumstances, we apply Article 2179 of the Civil Code to the effect that
no verification appears to have been made on Eligia G. Fernando's CBC did, could not have resulted in the discovery of the fraud. Hence, while respondent CBC may recover its losses, such losses are subject to
purported signature on the letter requesting the pre-termination and the respondent CBC had no way to discover the fraud at all. In fact the mitigation by the courts.
letter authorizing her niece to pick-up the checks, yet, her signature was records fail to show that respondent CBC had knowledge, actual or Disposition The questioned Decision and Resolution are MODIFIED.
in BPI's file; and d) Another step that could have foiled the fraud, but implied, of the fraud perpetrated by the impostor and the employees of BPI shall be responsible for 60% while CBC shall share 40% of the loss
which BPI neglected to take, was requiring before the two checks in BPI. of P2,413,215.16
controversy were delivered, the surrender of the promissory note - BPI further argues that the acts and omissions of respondent CBC are
evidencing the money market placement that was supposedly pre- the cause "that set into motion the actual and continuous sequence of
E.M. WRIGHT V MANILA ELECTRIC R.R. & LIGHT CO.
terminated. The Arbitration Committee, however, belittled petitioner BPI's events that produced the injury and without which the result would not
negligence compared to that of respondent CBC which it declared as have occurred." Petitioner BPI anchors its argument on its stance that 28 Phil 122
graver and the proximate cause of the loss of the subject checks to the there was "a gap, a hiatus, an interval between the issuance and delivery MORELAND; October 1, 1914
impostor who impersonated Eligia G. Fernando. of said checks by petitioner BPI to the impostor and their actual payment
- The PCHC Board of Directors, however, stated that these withdrawals, of CBC to the impostor. Petitioner BPI points out that the gap of one (1) NATURE
without any further showing that the CBC employees had actual day that elapsed from its issuance and delivery of the checks to the An action to recover damages for injuries sustained in an accident
knowledge of the infirmity or defect, or knowledge of such facts (Sec. 56, impostor is material on the issue of proximate cause. At this stage,
Negotiable Instruments Law) that their action in accepting their checks for according to petitioner BPI, there was yet no loss and the impostor could FACTS
deposit and allowing the withdrawals against the same amounted to bad have decided to desist from completing the same plan and could have - Defendant Manila Electric is a corporation engaged in operating an
faith cannot be considered as basis for holding CBC liable. held to the checks without negotiating them. electric street railway
- Banks handle daily transactions involving millions of pesos. By the very - Petitioner BPI's contention that CBC alone should bear the loss must - Plaintiffs residence in Caloocan fronts on the street along which
nature of their work the degree of responsibility, care and trustworthiness fail. The gap of one (1) day between the issuance and delivery of the defendants tracks run. To enter his premises from the street, plaintiff
torts & damages A2010 - 28 - prof. casis

must cross defendants tracks. P1,000, to pay the costs in the case and to be confined in an institution The exemption from criminal liability declared in Nos. 1, 2, 3, 7, and 10
- One night, plaintiff drove home in a calesa and, in crossing the tracks to for the insane until further order of the court. of article 8 does not include exemption from civil liability, which shall
enter his premises, the horse stumbled, leaped forward, and fell, be enforced, subject to the following:
throwing the plaintiff from the vehicle and causing injuries FACTS (1) In cases 1, 2, and 3, the persons who are civilly liable for acts
- At the point where plaintiff crossed the tracks, the rails were above- - About the 4th of October, 1909, several persons were assembled in the committed by a lunatic or imbecile, or a person under 9 years of age,
gruond, and the ties upon which the rails rested projected from one-third defendant's house in the township of Penarrubia, Abra, Province of or over this age and under 15, who has not acted with the exercise of
to one-half of their depth out of the ground, making the tops of the rails Ilocos Sur, for the purpose of holding a song service called "buni" judgment, are those who have them under their authority, legal
some 5 or 6 inches or more above the level of the street. according to the Tinguian custom, when he, the non-Christian Baggay, guardianship or power, unless they prove that there was no blame or
- It is admitted that the defendant was negligent in maintaining its tracks, without provocation suddenly attacked the woman Bil-liingan with a bolo, negligence on their part.
but defendant claims the plaintiff was also negligent in that he was so inflicting a serious wound on her head from which she expired Should there be no person having them under his authority, legal
intoxicated, and such intoxication was the primary cause of the accident immediately; and with the same bolo he like wise inflicted various guardian, or power, if such person be insolvent, the said lunatics,
- Trial court held that both parties were negligent, but that plaintiffs wounds on the women named Calabayan, Agueng, Quisamay, Calapini, imbeciles, or minors shall answer with their own property, excepting
negligence was not as great as defendants, awarded plaintiff P1,000. and on his own mother, named Dioalan. that part which is exempted for their support in accordance with the
- For this reason the provincial fiscal filed a complaint in the court of civil law.
ISSUE Ilocos Sur, dated February 15, charging the non-Christian Baggay, jr., DISPOSITION Therefore, the judgment appealed from being in
WON the negligence of plaintiff contributed to the principal occurrence with murder, because of the violent death of the woman Bil-liingan. This accordance with law, affirmation thereof is proper, and it is hereby
or only to his own injury. (If the former, he cannot recover; if the latter, cause was instituted separately from the other, No. 1109, for lesiones. affirmed, with costs against the appellant.
the trial court was correct in apportioning damages) After trial and proof that the defendant was suffering from mental
aberration, the judge on April 28 rendered the judgment cited above, AMEDO V RIO
HELD whereupon the defendant's counsel appealed to this court.
NO [citation]
Ratio Intoxication in itself is not negligence. It is but a circumstance to ISSUE CONCEPCION; May 24, 1954
be considered with the other evidence tending to prove negligence. WON an insane person, exempt from criminal liability can still be civilly
Reasoning liable FACTS
- Intoxication in itself is not negligence, and no facts, other than the fact - This case was instituted on October 18, 1950. In her original complaint,
that Wright was intoxicated, are stated which warrant the conclusion that HELD plaintiff Elena Amedo sought to collect from defendant Rio y Olabarrieta,
the plaintiff was negligent. The conclusion that if he had been sober he YES Inc., the sum of P2,038.40 as compensation for the death of her son,
would not have been injured is not warranted by the facts as found. It is Ratio Civil liability accompanies criminal liability, because every person Filomeno Managuit, who worked for the defendant as a seaman of the
impossible to say that a sober man would not have fallen from the vehicle liable criminally for a crime or misdemeanor is also liable for reparation of M/S Pilar II. The main allegation of said original complaint was:
under the conditions described. damage and for indemnification of the harm done, but there may be civil That on May 27, 1949 at about 11:30 o'clock in the morning, while the
- A horse crossing the railroad tracks with not only the rails but a portion liability because of acts ordinarily punishable, although the law has deceased Filomeno Managuit was on board M/S "Pilar II" as such
of the ties themselves aboveground, stumbling by reason of the unsure declared their perpetrators exempt from criminal liability. seaman, he jumped into the water to retrieve a 2-peso bill belonging to
footing and falling, the vehicle crashing against the rails with such force Reasoning him, and as a consequence of which, he was drowned.
as to break a wheel, might be sufficient to throw a person from the - Such is the case of a lunatic or insane person who, in spite of his - this however was dismissed due to lack of a cause of action which
vehicle no matter what his condition; and to conclude that, under such irresponsibility on account of the deplorable condition of his deranged defendant filed stating that the allegation does not show that the death of
circumstances, a sober man would not have fallen while a drunken man mind, is still reasonably and justly liable with his property for the plaintiff's son was due to an "accident arising out of and in the course of
did, is to draw a conclusion which enters the realm of speculation and consequences of his acts, even though they be performed unwittingly, for employment,".
guesswork. the reason that his fellows ought not to suffer for the disastrous results of - she was allowed to file an amended complaint which was remanded to
DISPOSITION Plaintiff not negligent. No facts to merit a higher award of his harmful acts more than is necessary, in spite of his unfortunate the trial court.
damages to plaintiff. condition. Law and society are under obligation to protect him during his - her amended complaint stated: That on May 27, 1949, at or about
illness and so when he is declared to be liable with his property for 11:30 o'clock in the morning while the said Filomeno Managuit was in the
US V BAGGAY reparation and indemnification, he is still entitled to the benefit of what is course of his employment, performing his duties as such ordinary
necessary for his decent maintenance, but this protection does not seaman on defendant's M/S "Pilar II", which was anchored then about 1
20 PHIL 142
exclude liability for damage caused to those who may have the 1/2 miles from the seashore of Arceli Dumarang, Palawan, his two-peso
TORRES; September 1, 1911 misfortune to suffer the consequences of his acts. bill was blown by the breeze into the sea and in his effort to retrieve the
- Article 17 of the Penal Code states: same from the waters he was drowned.
NATURE Every person criminally liable for a crime or misdemeanor is also ISSUE
Appeal by the defendant from the judgment rendered on April 28, 1910, civilly liable. WON Amedo could claim compensation from employer Rio
whereby he was declared exempt from criminal liability but was obliged to - Article 18 of the same code says:
indemnify the heirs if the murdered woman, Bil-liingan, in the sum of HELD
torts & damages A2010 - 29 - prof. casis

NO - case provides for other jurisprudence which describe instances of gross - Petitioner also contends that the amicable settlement entered into by
- Plaintiffs basis for appeal is the Workmens Compensation Act. negligence attributable to employee (see case). Mamador's widow and Macunat barred the widow's claim against the
Sections 2 and 4 of which: - this is distinguishable from cases wherein the act done is not dangerous employer because she has already elected one of the remedies.
Sec. 2. Grounds for compensation. When any employee receives a per se such as when an employee drops a cigarette on the pavement - This contention cannot be sustained because what the widow waived
personal injury from any accident arising out of and in the course of the and picks it up. So, also, if, while Filomeno Managuit was working, his 2- was the offender's criminal proscution and not all civil action for damages.
employment, or contracts any illness directly caused by such peso bill merely fell from his pocket, and as he picked up the bill from the 2. NO
employment, or the result of the nature of such employment, his floor something accidentally fell upon him and injured him, he would - Mere riding on a haulage truck or stealing a ride thereon is not
employer shall pay compensation in the sums and to the persons surely be entitled to compensation, his act being obviously innocent. negligence, ordinarily. It couldn't be, because transportation by truck is
hereinafter specified. - since the act done by Filomeno was dangerous, his accident could be not dangerous per se.
Sec. 4. Injuries not covered. Compensation shall not be allowed for attributed to his gross negligence. - Although the employer prohibited its employees to ride the haulage
injuries caused (1) by the voluntary intent of the employee to inflict such trucks, its violation does not constitute negligence per se, but it may be
injury upon himself or another person; (2) by drunkenness on the part of an evidence of negligence.
MARINDUQUE IRON MINES AGENTS V WORKMENS
the laborer who had the accident; (3) by notorious negligence of the - Under the circumstance, however, it cannot be declared negligence
same. COMPENSATION COMMISSION because the proibition had nothing to do with the personal safety of the
- from these provisions three conditions are essential to hold an employer 99 PHIL 48 riders.
liable. These are: (1) the accident must arise out of the employment; (2) it BENGZON; June 30, 1956 - Notorious negligence means the same as gross negligence which
must happen in the course of the employment; and (3) it must not be implies "conscious indifferenece to consequences", "pursuing a course of
caused by the "notorious negligence" of the employee. Point in question conduct which would naturally and probably result in injury".
NATURE
is whether the accident was committed under these 3 conditions Disposition Award for compensation by WCC affirmed
Petition for review on certiorari of a decision of the WCC
- "The words "arising out of" refer to the origin or cause of the accident
and are descriptive of its character, while the words `in the course of' LAYUGAN V IAC
FACTS
refer to the time, place, and circumstances under which the accident
- A truck driven by Procopio Macunat, belonging to Marinduque, turned 167 SCRA 363
takes place
over and hit a coconut tree resulting in the death of Pedro Mamador and SARMIENTO; November 14, 1968
- it may be conceded that the death of Filomeno took place "in the course
injury to the other laborers.
of" his employment, in that it happened at the "time" when, and at the
- Macunat was prosecuted, convicted and was sentenced to indemnify
"place" where-according to the amended complaint-he was working. NATURE
the heirs of the deceased. He has paid nothing, however, to the latter.
However, the accident which produced this tragic result did not "arise out Petition for review on certiorari of IAC decision
- Deceaseds wife now seeks compensation by Marinduque as the
of" his employment. The blowing of his 2-peso bill may have grown out
employer.
of, or arisen from, his employment. It was the result of a risk peculiar to FACTS
his work as a seaman or incidental to such work. But, his death was the - Plaintiff Pedro Layugan testified that while in Bagabag, Nueva Vizcaya,
ISSUE
consequence of his decision to jump into the water to retrieve said bill. he and a companion were repairing the tire of their cargo truck which was
1. WON Mamador has a right to compensation by Marinduque
The hazardous nature of this act was not due specially to the nature of parked along the right side of the National Highway. Defendant's truck
2. WON there was notorious negligence by the deceased for having
his employment. It was a risk to which any person on board the M/S Pilar driven recklessly by Daniel Serrano bumped the plaintiff, that as a result,
violated the employers prohibition to ride haulage trucks
II, such as a passenger thereof or an ordinary visitor, would have been plaintiff was injured and hospitalized. Due to said injuries, his left leg was
exposed had he, likewise, jumped into the sea, as Filomeno had. amputated so he had to use crutches to walk.
- was the accident caused by Filomenos notorious negligence? - Defendant Godofredo Isidro admitted his ownership of the vehicle
- "notorious negligence" has been held to be tantamount to "gross involved in the accident driven by Daniel Serrano. Defendant said that
negligence", which, in turn, has been defined as follows: the plaintiff was merely a bystander, not a truck helper being a brother-in-
- By gross negligence is meant "such entire want of care as to raise a law law of the driver of said truck; that the truck allegedly being repaired
HELD
presumption that the person in fault is conscious of the probable was parked, occupying almost half of the right lane towards Solano,
1. YES
consequences of carelessness, and is indifferent, or worse, to the danger Nueva Vizcaya, right after the curve; that the proximate cause of the
- Petitioner alleges that the criminal case sentencing Macunat to
of injury to person or property of others." (Wall vs. Cameron [1882] 6 incident was the failure of the driver of the parked truck in installing the
indemnify the heirs of the deceased was a suit for damages against a
Colo., 275; see, also, The Law Governing Labor Disputes in the early warning device,
third person, thereby having the effect of releasing the employer from
Philippines by Francisco, 2nd ed., p. 877.) - Daniel Serrano, defendant driver, said that he knew the responsibilities
liability.
- It cannot be denied that in jumping into the sea, one mile and a half of a driver; that before leaving, he checked the truck. The truck owner
- The criminal case, however, was not a suit for damages against third
from the seashore of Arceli, Dumarang, Palawan, Filomeno failed to used to instruct him to be careful in driving. He bumped the truck being
persons because the heirs did not intervene therein and they have not
exercise "even slight care and diligence," that he displayed a "reckless repaired by Pedro Layugan, plaintiff, while the same was at a stop
received the indemnity ordered by the court.
disregard of the safety" of his person, that he could not have been but position. From the evidence presented, it has been established clearly
- At any rate, even if the case was against a third person, the court
conscious of the probable consequences" of his carelessness and that he that the injuries sustained by the plaintiff was caused by defendant's
already decided in Nava vs. Inchausti that criminal prosection of the
was "indifferent, or worse, to the danger of injury. driver, Daniel Serrano. Serrano also testified that, When I was a few
"other person" does not affect the liability of the employer.
torts & damages A2010 - 30 - prof. casis

meters away, I saw the truck which was loaded with round logs. I stepped Note that for our purposes this was not raised as an issue in this case. [citation]
on my foot brakes but it did not function with my many attempts. I have Therefore this only Obiter Dicta. But as far as were concerned and
KAPUNAN; December 29, 1999
(sic) found out later that the fluid pipe on the rear right was cut that's why relevant to our discussion in the outline, I formulated it in an issue-type.
the breaks did not function. This is what the Court actually said in the case to prove its just obiter,
- Plaintiff points to the negligence of the defendant driver while Isidro and its relevant to the main issue on negligence: At this juncture, it may NATURE
points to the driver of parked truck as negligent, and says that absent be enlightening and helpful in the proper resolution of the issue of Petition For Certiorari
such proof of care, it would, under the doctrine of res ipsa loquitur, evoke negligence to examine the doctrine of Res ipsa loquitur.
the presumption of negligence on the part of the driver of the parked Obiter FACTS
cargo truck as well as his helper, the petitioner herein, who was fixing the [1] What is the doctrine of Res Ipsa Loquitur? Two ways to put it: - In the case at bar, the Court is called upon to rule whether a surgeon,
flat tire of the said truck. (a) This doctrine is stated thus: "Where the thing which causes injury is an anesthesiologist and a hospital should be made liable for the
shown to be under the management of the defendant, and the accident is unfortunate comatose condition of a patient scheduled for
ISSUES such as in the ordinary course of things does not happen if those who cholecystectomy.
1. WON defendant driver Serrano was negligent have the management use proper care, it affords reasonable evidence, in - Plaintiff Erlinda Ramos was a robust woman except for occasional
2. WON the doctrine of res ipsa loquitur applies in this case the absence of an explanation by the defendant, that the accident arose complaints of discomfort due to pains allegedly caused by the presence
from want of care, and of a stone in her gall bladder she was as normal as any other woman.
HELD (b) According to Blacks Law dictionary, Res ipsa loquitur. The thing Because the discomforts somehow interfered with her normal ways, she
1 NO speaks for itself Rebuttable presumption or inference that defendant was sought professional advice. She was advised to undergo an operation
- (Procedural) Ratio Findings of fact are entitled to great respect and will negligent, which arises upon proof that instrumentality causing injury was for the removal of a stone in her gall bladdershe underwent a series of
not ordinarily be disturbed by this Court unless it falls down under the in defendant's exclusive control, and that the accident was one which examinations which included blood and urine tests which indicated she
exceptions provided by the Court to merit review of the facts. ordinarily does not happen in absence of negligence. Res ipsa loquitur is was fit for surgery. She and her husband Rogelio met for the first time Dr.
Reasoning rule of evidence whereby negligence of alleged wrongdoer may be Orlino Hozaka, one of the defendants in this case, on June 10, 1985.
- This is a question of fact. But this case is an exception since: 1) the inferred from mere fact that accident happened provided character of They agreed that their date at the operating table at the De Los Santos
finding are grounded entirely on speculation, surmise, or conjecture; 2) accident and circumstances attending it lead reasonably to belief that in Medical Center, would be on June 17, 1985 at 9:00 A.M.. Dr. Hosaka
the inference made is manifestly mistaken, 3) the judgment is based on absence of negligence it would not have occurred and that thing which decided that she should undergo a cholecystectomy operation after
misapprehension of facts; 4) CA findings are contrary to those of the trial caused injury is shown to have been under management and control of examining the documents presented to him. Rogelio E. Ramos,
court; 5) the said findings of fact are conclusions without citation of alleged wrongdoer. however, asked Dr. Hosaka to look for a good anesthesiologist. Dr.
specific evidence on which they are based; and 6) when the findings of [2] In our jurisdiction, and the way we apply it in cases, particularly in the Hosaka, in turn, assured Rogelio that he will get a good anesthesiologist.
fact of the Court of Appeals are premised on the absence of evidence law of negligence: Res ipsa loquitur as a rule of evidence is peculiar to She was admitted in the hospital and was with her sister-in-law,
and are contradicted on record. Hence, SC entertained review of the the law of negligence which recognizes that prima facie negligence may Herminda Cruz, who was the Dean of the College of Nursing at the
factual question. be established without direct proof and furnishes a substitute for specific Capitol Medical Center, was also there for moral support. After praying,
- (Substantive) Ratio The test by which to determine the existence of proof of negligence. The doctrine is not a rule of substantive law but she was given injections. At the operating room, Herminda saw about two
negligence in a particular case may be stated as follows: Did the merely a mode of proof or a mere procedural convenience. The doctrine or three nurses and Dr. Perfecta Gutierrez, the other defendant, who was
defendant in doing the alleged negligent act use that reasonable care merely determines and regulates what shall be prima facie evidence to administer anesthesia. Although not a member of the hospital staff,
and caution which an ordinarily prudent person would have used in the thereof and facilitates the burden of plaintiff of proving a breach of the Herminda introduced herself as Dean of the College of Nursing at the
same situation? If not, then he is guilty of negligence. duty of due care. The doctrine can be invoked when and only when, Capitol Medical Center who was to provide moral support to the patient,
Reasoning under the circumstances involved, direct evidence is absent and not to them. Herminda was allowed to stay inside the operating room.
[1] Negligence defined. Negligence is the omission to do something readily available. So, it is inapplicable where plaintiff has knowledge and - Hours later at about 12:15 P.M., Herminda Cruz, who was inside the
which a reasonable man, guided by those considerations which ordinarily testifies or presents evidence as to the specific act of negligence which is operating room with the patient, heard somebody say that Dr. Hosaka is
regulate the conduct of human affairs, would do, or the doing of the cause of the injury, or where theres direct evidence as to the precise already here. She then saw people inside the operating room moving,
something which a prudent and reasonable man would not do cause of the accident and all the facts and circumstances attendant on doing this and that, [and] preparing the patient for the operation. As she
[2] Applying the definition and the test, it is clear that the absence or want the occurrence clearly appear. And once the actual cause of injury is held the hand of Erlinda Ramos, she then saw Dr. Gutierrez intubating
of care of Daniel Serrano has been established by clear and convincing established beyond controversy, no presumptions will be involved and the hapless patient. She thereafter heard Dr. Gutierrez say, ang hirap
evidence. Whether cargo truck was parked along the road or on half the the doctrine becomes inapplicable when the circumstances show that no ma-intubate nito, mali yata ang pagkakapasok. O lumalaki ang tiyan
shoulder of the road is immaterial taking into account the warning device inference of defendant's liability can reasonably be made, whatever the (id., p. 17). Because of the remarks of Dra. Gutierrez, she focused her
consisting of the lighted kerosene lamp placed 3-4m from the back of the source of the evidence. attention on what Dr. Gutierrez was doing. She thereafter noticed bluish
truck. But despite this warning, the Isuzu truck driven by Serrano, still In this case it is inapplicable because it was established by clear and discoloration of the nailbeds of the left hand of the hapless Erlinda even
bumped the rear of the parked cargo truck. As a direct consequence of convincing evidence the negligence of the defendant driver. as Dr. Hosaka approached her. She then heard Dr. Hosaka issue an
such accident Layugan sustained injuries on his left forearm and left foot. Disposition Petition GRANTED with costs against private respondents. order for someone to call Dr. Calderon, another anesthesiologist. After
2. NO Dr. Calderon arrived at the operating room, she saw this anesthesiologist
trying to intubate the patient. The patients nailbed became bluish and
RAMOS V CA the patient was placed in a trendelenburg position. Immediately
torts & damages A2010 - 31 - prof. casis

thereafter, she went out of the operating room, and she told Rogelio E. reconsideration had already expired. present petition. Based on this, the petition before us was submitted on
Ramos that something wrong was x x x happening. Dr. Calderon was - A copy of the above resolution was received by Atty. Sillano on 11 April time.
then able to intubate the patient. 1996. The next day, or on 12 April 1996, Atty. Sillano filed before this 2. YES
- Herminda Cruz immediately rushed back, and saw that the patient was Court a motion for extension of time to file the present petition for - We find the doctrine of res ipsa loquitur appropriate in the case at bar.
still in trendelenburg position. At almost 3:00 P.M. of that fateful day, she certiorari under Rule 45. The Court granted the motion for extension of As will hereinafter be explained, the damage sustained by Erlinda in her
saw the patient taken to the Intensive Care Unit (ICU). time and gave petitioners additional thirty (30) days after the expiration of brain prior to a scheduled gall bladder operation presents a case for the
- Doctors Gutierrez and Hosaka were also asked by the hospital to the fifteen-day (15) period counted from the receipt of the resolution of application of res ipsa loquitur.
explain what happened to the patient. The doctors explained that the the Court of Appeals within which to submit the petition. The due date - Considering that a sound and unaffected member of the body (the brain)
patient had bronchospasm. Erlinda Ramos stayed for about four months fell on 27 May 1996. The petition was filed on 9 May 1996, well within is injured or destroyed while the patient is unconscious and under the
in the hospital, she incurred hospital bills amounting to P93,542.25. She the extended period given by the Court. immediate and exclusive control of the physicians, we hold that a
has been in a comatose condition. After being discharged from the practical administration of justice dictates the application of res ipsa
hospital, she has been staying in their residence, still needing constant ISSUES loquitur. Upon these facts and under these circumstances the Court
medical attention, with her husband Rogelio incurring a monthly expense 1. WON it should be dismissed for being filed later than allowable 15 day would be able to say, as a matter of common knowledge and observation,
ranging from P8,000.00 to P10,000.00. She was also diagnosed to be period for the filing of the Motion for Reconsideration if negligence attended the management and care of the patient.
suffering from diffuse cerebral parenchymal damage. 2. WON the doctrine of res ipsa loquitur is applicable Moreover, the liability of the physicians and the hospital in this case is not
- Petitioners filed a civil case for damages with the Regional Trial Court of 3. WON the Court of Appeals erred in finding that private respondents predicated upon an alleged failure to secure the desired results of an
Quezon City against herein private respondents alleging negligence in were not negligent in the care of Erlinda during the anesthesia phase of operation nor on an alleged lack of skill in the diagnosis or treatment as in
the management and care of Erlinda Ramos. the operation and, if in the affirmative, whether the alleged negligence fact no operation or treatment was ever performed on Erlinda. Thus,
- During the trial, both parties presented evidence as to the possible was the proximate cause of Erlindas comatose condition. Corollary upon all these initial determination a case is made out for the application
cause of Erlindas injury. Plaintiff presented the testimonies of Dean thereto, we shall also determine if the Court of Appeals erred in relying of the doctrine of res ipsa loquitur.
Herminda Cruz and Dr. Mariano Gavino to prove that the damage on the testimonies of the witnesses for the private respondents - Nonetheless, in holding that res ipsa loquitur is available to the present
sustained by Erlinda was due to lack of oxygen in her brain caused by 4. What is the cost for the damages case we are not saying that the doctrine is applicable in any and all cases
the faulty management of her airway by private respondents during the where injury occurs to a patient while under anesthesia, or to any and all
anesthesia phase. On the other hand, private respondents primarily HELD anesthesia cases. Each case must be viewed in its own light and
relied on the expert testimony of Dr. Eduardo Jamora, a pulmonologist, to 1. NO scrutinized in order to be within the res ipsa loquitur coverage.
the effect that the cause of brain damage was Erlindas allergic reaction - A careful review of the records reveals that the reason behind the delay - Res ipsa loquitur is a Latin phrase which literally means the thing or the
to the anesthetic agent, Thiopental Sodium (Pentothal). in filing the motion for reconsideration is attributable to the fact that the transaction speaks for itself. The phrase res ipsa loquitur is a maxim for
- Regional Trial Court rendered judgment in favor of petitioners. Court of decision of the Court of Appeals was not sent to then counsel on record the rule that the fact of the occurrence of an injury, taken with the
Appeals reversed. of petitioners, the Coronel Law Office. In fact, a copy of the decision of surrounding circumstances, may permit an inference or raise a
- The decision of the Court of Appeals was received on 9 June 1995 by the appellate court was instead sent to and received by petitioner Rogelio presumption of negligence, or make out a plaintiffs prima facie case, and
petitioner Rogelio Ramos who was mistakenly addressed as Atty. Ramos on 9 June 1995 wherein he was mistakenly addressed as Atty. present a question of fact for defendant to meet with an explanation.
Rogelio Ramos. No copy of the decision, however, was sent nor Rogelio Ramos. Based on the other communications received by Where the thing which caused the injury complained of is shown to be
received by the Coronel Law Office, then counsel on record of petitioner Rogelio Ramos, the appellate court apparently mistook him for under the management of the defendant or his servants and the accident
petitioners. Rogelio referred the decision of the appellate court to a new the counsel on record. Thus, no copy of the decision of the appellate is such as in ordinary course of things does not happen if those who have
lawyer, Atty. Ligsay, only on 20 June 1995, or four (4) days before the court was furnished to the counsel on record. Petitioner, not being a its management or control use proper care, it affords reasonable
expiration of the reglementary period for filing a motion for lawyer and unaware of the prescriptive period for filing a motion for evidence, in the absence of explanation by the defendant, that the
reconsideration. On the same day, Atty. Ligsay, filed with the appellate reconsideration, referred the same to a legal counsel only on 20 June accident arose from or was caused by the defendants want of care.
court a motion for extension of time to file a motion for reconsideration. 1995. - The doctrine of res ipsa loquitur is simply a recognition of the postulate
The motion for reconsideration was submitted on 4 July 1995. However, - It is elementary that when a party is represented by counsel, all notices that, as a matter of common knowledge and experience, the very nature
the appellate court denied the motion for extension of time in its should be sent to the partys lawyer at his given address. With a few of certain types of occurrences may justify an inference of negligence on
Resolution dated 25 July 1995. Meanwhile petitioners engaged the exceptions, notice to a litigant without notice to his counsel on record is the part of the person who controls the instrumentality causing the injury
services of another counsel, Atty. Sillano, to replace Atty. Ligsay. Atty. no notice at all. In the present case, since a copy of the decision of the in the absence of some explanation by the defendant who is charged with
Sillano filed on 7 August 1995 a motion to admit the motion for appellate court was not sent to the counsel on record of petitioner, there negligence. It is grounded in the superior logic of ordinary human
reconsideration contending that the period to file the appropriate pleading can be no sufficient notice to speak of. Hence, the delay in the filing of experience and on the basis of such experience or common knowledge,
on the assailed decision had not yet commenced to run as the Division the motion for reconsideration cannot be taken against petitioner. negligence may be deduced from the mere occurrence of the accident
Clerk of Court of the Court of Appeals had not yet served a copy thereof Moreover, since the Court of Appeals already issued a second itself. Hence, res ipsa loquitur is applied in conjunction with the doctrine
to the counsel on record. Despite this explanation, the appellate court Resolution, dated 29 March 1996, which superseded the earlier of common knowledge.
still denied the motion to admit the motion for reconsideration of resolution issued on 25 July 1995, and denied the motion for - However, much has been said that res ipsa loquitur is not a rule of
petitioners in its Resolution, dated 29 March 1996, primarily on the reconsideration of petitioner, we believe that the receipt of the former substantive law and, as such, does not create or constitute an
ground that the fifteen-day (15) period for filing a motion for should be considered in determining the timeliness of the filing of the independent or separate ground of liability. Instead, it is considered as
torts & damages A2010 - 32 - prof. casis

merely evidentiary or in the nature of a procedural rule. It is regarded as a treatment rendered followed the usual procedure of those skilled in that complications. Dr. Jamora is likewise not an allergologist and could not
mode of proof, or a mere procedural convenience since it furnishes a particular practice. It must be conceded that the doctrine of res ipsa therefore properly advance expert opinion on allergic-mediated
substitute for, and relieves a plaintiff of, the burden of producing specific loquitur can have no application in a suit against a physician or surgeon processes. Moreover, he is not a pharmacologist and, as such, could not
proof of negligence. In other words, mere invocation and application of which involves the merits of a diagnosis or of a scientific treatment. The have been capable, as an expert would, of explaining to the court the
the doctrine does not dispense with the requirement of proof of physician or surgeon is not required at his peril to explain why any pharmacologic and toxic effects of the supposed culprit, Thiopental
negligence. It is simply a step in the process of such proof, permitting the particular diagnosis was not correct, or why any particular scientific Sodium (Pentothal).
plaintiff to present along with the proof of the accident, enough of the treatment did not produce the desired result. Thus, res ipsa loquitur is not - An anesthetic accident caused by a rare drug-induced bronchospasm
attending circumstances to invoke the doctrine, creating an inference or available in a malpractice suit if the only showing is that the desired result properly falls within the fields of anesthesia, internal medicine-allergy,
presumption of negligence, and to thereby place on the defendant the of an operation or treatment was not accomplished. The real question, and clinical pharmacology. The resulting anoxic encephalopathy belongs
burden of going forward with the proof. Still, before resort to the doctrine therefore, is whether or not in the process of the operation any to the field of neurology. On the basis of the foregoing transcript, in which
may be allowed, the following requisites must be satisfactorily shown: extraordinary incident or unusual event outside of the routine the pulmonologist himself admitted that he could not testify about the
1. The accident is of a kind which ordinarily does not occur in the performance occurred which is beyond the regular scope of customary drug with medical authority, it is clear that the appellate court erred in
absence of someones negligence; professional activity in such operations, which, if unexplained would giving weight to Dr. Jamoras testimony as an expert in the administration
2. It is caused by an instrumentality within the exclusive control of the themselves reasonably speak to the average man as the negligent cause of Thiopental Sodium.
defendant or defendants; and or causes of the untoward consequence. If there was such extraneous - Proximate cause has been defined as that which, in natural and
3. The possibility of contributing conduct which would make the interventions, the doctrine of res ipsa loquitur may be utilized and the continuous sequence, unbroken by any efficient intervening cause,
plaintiff responsible is eliminated. defendant is called upon to explain the matter, by evidence of produces injury, and without which the result would not have occurred.
- In the above requisites, the fundamental element is the control of the exculpation, if he could. An injury or damage is proximately caused by an act or a failure to act,
instrumentality which caused the damage. Such element of control must 3. YES whenever it appears from the evidence in the case, that the act or
be shown to be within the dominion of the defendant. In order to have - The CA commited a reversible error. Private respondents were unable omission played a substantial part in bringing about or actually causing
the benefit of the rule, a plaintiff, in addition to proving injury or damage, to disprove the presumption of negligence on their part in the care of the injury or damage; and that the injury or damage was either a direct
must show a situation where it is applicable, and must establish that the Erlinda and their negligence was the proximate cause of her piteous result or a reasonably probable consequence of the act or omission. It is
essential elements of the doctrine were present in a particular incident. condition. the dominant, moving or producing cause.
- In cases where the res ipsa loquitur is applicable, the court is permitted - Dra. Gutierrez failed to properly intubate the patient. In the case at bar, - Respondent Dr. Hosakas negligence can be found in his failure to
to find a physician negligent upon proper proof of injury to the patient, respondent Dra. Gutierrez admitted that she saw Erlinda for the first time exercise the proper authority (as the captain of the operative team) in
without the aid of expert testimony, where the court from its fund of on the day of the operation itself, on 17 June 1985. Before this date, no not determining if his anesthesiologist observed proper anesthesia
common knowledge can determine the proper standard of care. Where prior consultations with, or pre-operative evaluation of Erlinda was done protocols. In fact, no evidence on record exists to show that respondent
common knowledge and experience teach that a resulting injury would by her. Until the day of the operation, respondent Dra. Gutierrez was Dr. Hosaka verified if respondent Dra. Gutierrez properly intubated the
not have occurred to the patient if due care had been exercised, an unaware of the physiological make-up and needs of Erlinda. She was patient. Furthermore, it does not escape us that respondent Dr. Hosaka
inference of negligence may be drawn giving rise to an application of the likewise not properly informed of the possible difficulties she would face had scheduled another procedure in a different hospital at the same time
doctrine of res ipsa loquitur without medical evidence, which is ordinarily during the administration of anesthesia to Erlinda. Respondent Dra. as Erlindas cholecystectomy, and was in fact over three hours late for
required to show not only what occurred but how and why it occurred. Gutierrez act of seeing her patient for the first time only an hour before the latters operation. Because of this, he had little or no time to confer
When the doctrine is appropriate, all that the patient must do is prove a the scheduled operative procedure was, therefore, an act of exceptional with his anesthesiologist regarding the anesthesia delivery. This
nexus between the particular act or omission complained of and the negligence and professional irresponsibility. The measures cautioning indicates that he was remiss in his professional duties towards his
injury sustained while under the custody and management of the prudence and vigilance in dealing with human lives lie at the core of the patient. Thus, he shares equal responsibility for the events which
defendant without need to produce expert medical testimony to establish physicians centuries-old Hippocratic Oath. Her failure to follow this resulted in Erlindas condition.
the standard of care. Resort to res ipsa loquitur is allowed because there medical procedure is, therefore, a clear indicia of her negligence. - We now discuss the responsibility of the hospital in this particular
is no other way, under usual and ordinary conditions, by which the - Private respondents repeatedly hammered the view that the cerebral incident. The unique practice (among private hospitals) of filling up
patient can obtain redress for injury suffered by him. anoxia which led to Erlindas coma was due to bronchospasm mediated specialist staff with attending and visiting consultants, who are allegedly
- It does not automatically apply to all cases of medical negligence as to by her allergic response to the drug, Thiopental Sodium, introduced into not hospital employees, presents problems in apportioning responsibility
mechanically shift the burden of proof to the defendant to show that he is her system. Towards this end, they presented Dr. Jamora, a Fellow of for negligence in medical malpractice cases. However, the difficulty is
not guilty of the ascribed negligence. Res ipsa loquitur is not a rigid or the Philippine College of Physicians and Diplomate of the Philippine only more apparent than real.
ordinary doctrine to be perfunctorily used but a rule to be cautiously Specialty Board of Internal Medicine, who advanced private respondents' - In the first place, hospitals exercise significant control in the hiring and
applied, depending upon the circumstances of each case. It is generally theory that the oxygen deprivation which led to anoxic encephalopathy, firing of consultants and in the conduct of their work within the hospital
restricted to situations in malpractice cases where a layman is able to was due to an unpredictable drug reaction to the short-acting barbiturate. premises. Doctors who apply for consultant slots, visiting or attending,
say, as a matter of common knowledge and observation, that the We find the theory of private respondents unacceptable. are required to submit proof of completion of residency, their educational
consequences of professional care were not as such as would ordinarily - First of all, Dr. Jamora cannot be considered an authority in the field of qualifications; generally, evidence of accreditation by the appropriate
have followed if due care had been exercised. A distinction must be anesthesiology simply because he is not an anesthesiologist. Since Dr. board (diplomate), evidence of fellowship in most cases, and references.
made between the failure to secure results, and the occurrence of Jamora is a pulmonologist, he could not have been capable of properly These requirements are carefully scrutinized by members of the hospital
something more unusual and not ordinarily found if the service or enlightening the court about anesthesia practice and procedure and their administration or by a review committee set up by the hospital who either
torts & damages A2010 - 33 - prof. casis

accept or reject the application. This is particularly true with respondent liable for damages under Article 2176 of the Civil Code. condition remains unchanged for the next ten years.
hospital. - The husband and the children, all petitioners in this case, will have to
- After a physician is accepted, either as a visiting or attending 4. Given these considerations, the amount of actual damages live with the day to day uncertainty of the patients illness, knowing any
consultant, he is normally required to attend clinico-pathological recoverable in suits arising from negligence should at least reflect the hope of recovery is close to nil. They have fashioned their daily lives
conferences, conduct bedside rounds for clerks, interns and residents, correct minimum cost of proper care, not the cost of the care the family is around the nursing care of petitioner, altering their long term goals to take
moderate grand rounds and patient audits and perform other tasks and usually compelled to undertake at home to avoid bankruptcy. into account their life with a comatose patient. They, not the
responsibilities, for the privilege of being able to maintain a clinic in the - Art. 2199. - Except as provided by law or by stipulation, one is entitled respondents, are charged with the moral responsibility of the care of the
hospital, and/or for the privilege of admitting patients into the hospital. In to an adequate compensation only for such pecuniary loss suffered by victim. The familys moral injury and suffering in this case is clearly a real
addition to these, the physicians performance as a specialist is generally him as he has duly proved. Such compensation is referred to as actual one. For the foregoing reasons, an award of P2,000,000.00 in moral
evaluated by a peer review committee on the basis of mortality and or compensatory damages. damages would be appropriate.
morbidity statistics, and feedback from patients, nurses, interns and - Our rules on actual or compensatory damages generally assume that at - Finally, by way of example, exemplary damages in the amount of
residents. A consultant remiss in his duties, or a consultant who regularly the time of litigation, the injury suffered as a consequence of an act of P100,000.00 are hereby awarded. Considering the length and nature of
falls short of the minimum standards acceptable to the hospital or its peer negligence has been completed and that the cost can be liquidated. the instant suit we are of the opinion that attorneys fees valued at
review committee, is normally politely terminated. However, these provisions neglect to take into account those situations, P100,000.00 are likewise proper.
- In other words, private hospitals, hire, fire and exercise real control over as in this case, where the resulting injury might be continuing and DISPOSITION the decision and resolution of the appellate court
their attending and visiting consultant staff. While consultants are not, possible future complications directly arising from the injury, while certain appealed from are hereby modified so as to award in favor of petitioners,
technically employees, a point which respondent hospital asserts in to occur, are difficult to predict. and solidarily against private respondents the following: 1) P1,352,000.00
denying all responsibility for the patients condition, the control exercised, - In these cases, the amount of damages which should be awarded, if as actual damages computed as of the date of promulgation of this
the hiring, and the right to terminate consultants all fulfill the important they are to adequately and correctly respond to the injury caused, should decision plus a monthly payment of P8,000.00 up to the time that
hallmarks of an employer-employee relationship, with the exception of be one which compensates for pecuniary loss incurred and proved, up to petitioner Erlinda Ramos expires or miraculously survives; 2)
the payment of wages. In assessing whether such a relationship in fact the time of trial; and one which would meet pecuniary loss certain to be P2,000,000.00 as moral damages, 3) P1,500,000.00 as temperate
exists, the control test is determining. Accordingly, on the basis of the suffered but which could not, from the nature of the case, be made with damages; 4) P100,000.00 each as exemplary damages and attorneys
foregoing, we rule that for the purpose of allocating responsibility in certainty. In other words, temperate damages can and should be fees; and, 5) the costs of the suit.
medical negligence cases, an employer-employee relationship in effect awarded on top of actual or compensatory damages in instances where
exists between hospitals and their attending and visiting physicians. This the injury is chronic and continuing. And because of the unique nature of BATIQUIN V CA (Villegas)
being the case, the question now arises as to whether or not respondent such cases, no incompatibility arises when both actual and temperate
258 SCRA 334
hospital is solidarily liable with respondent doctors for petitioners damages are provided for. The reason is that these damages cover two
condition. distinct phases. DAVIDE; July 5, 1996
- The basis for holding an employer solidarily responsible for the - As it would not be equitable - and certainly not in the best interests of
negligence of its employee is found in Article 2180 of the Civil Code the administration of justice - for the victim in such cases to constantly NATURE
which considers a person accountable not only for his own acts but also come before the courts and invoke their aid in seeking adjustments to the Petition for review of the decision of the Court of Appeals
for those of others based on the formers responsibility under a compensatory damages previously awarded - temperate damages are
relationship of patria potestas. Such responsibility ceases when the appropriate. The amount given as temperate damages, though to a FACTS
persons or entity concerned prove that they have observed the diligence certain extent speculative, should take into account the cost of proper - Mrs. Villegas submitted to Dr. Batiquin for prenatal care as the latter's
of a good father of the family to prevent damage. In other words, while care. private patient sometime before September 21, 1988. In the morning of
the burden of proving negligence rests on the plaintiffs, once negligence - In the instant case, petitioners were able to provide only home-based September 21, 1988 Dr. Batiquin, along with other physicians and
is shown, the burden shifts to the respondents (parent, guardian, teacher nursing care for a comatose patient who has remained in that condition nurses, performed a caesarian operation on Mrs. Villegas and
or employer) who should prove that they observed the diligence of a for over a decade. Having premised our award for compensatory successfully delivered the latters baby.
good father of a family to prevent damage. damages on the amount provided by petitioners at the onset of litigation, - After leaving the hospital, Mrs. Villegas began to suffer abdominal pains
- In the instant case, respondent hospital, apart from a general denial of it would be now much more in step with the interests of justice if the value and complained of being feverish. She also gradually lost her appetite,
its responsibility over respondent physicians, failed to adduce evidence awarded for temperate damages would allow petitioners to provide so she consulted Dr. Batiquin at the latter's polyclinic who prescribed for
showing that it exercised the diligence of a good father of a family in the optimal care for their loved one in a facility which generally specializes in her certain medicines. However, the pains still kept recurring. She then
hiring and supervision of the latter. It failed to adduce evidence with such care. They should not be compelled by dire circumstances to consulted Dr. Ma. Salud Kho. After examining her, Dr Kho suggested that
regard to the degree of supervision which it exercised over its physicians. provide substandard care at home without the aid of professionals, for Mrs. Villegas submit to another surgery.
In neglecting to offer such proof, or proof of a similar nature, respondent anything less would be grossly inadequate. Under the circumstances, an - When Dr. Kho opened the abdomen of Mrs. Villegas she found whitish-
hospital thereby failed to discharge its burden under the last paragraph of award of P1,500,000.00 in temperate damages would therefore be yellow discharge inside, an ovarian cyst on each of the left and right
Article 2180. Having failed to do this, respondent hospital is reasonable. ovaries which gave out pus, dirt and pus behind the uterus, and a piece
consequently solidarily responsible with its physicians for Erlindas - Meanwhile, the actual physical, emotional and financial cost of the care of rubber material on the right side of the uterus, embedded on the
condition. of petitioner would be virtually impossible to quantify. Even the ovarian cyst. The piece of rubber appeared to be a part of a rubber
- Upon these disquisitions we hold that private respondents are solidarily temperate damages herein awarded would be inadequate if petitioners glove. This was the cause of all of the infection of the ovaries and
consequently of all the discomfort suffered by Mrs. Villegas
torts & damages A2010 - 34 - prof. casis

- The piece of rubber allegedly found was not presented in court, and Dr. negative testimonies. Well-settled is the rule that positive testimony is attached to its four corners and hooked at the 5 ton chain block, when
Kho testified that she sent it to a pathologist in Cebu City for examination. stronger than negative testimony. suddenly, the bolt or pin which was merely inserted to connect the chain
Aside from Dr. Kho's testimony, the evidence which mentioned the piece - While the petitioners claim that contradictions and falsities punctured block with the platform came loose causing the whole platform assembly
of rubber are a Medical Certificate, a Progress Record, an Anesthesia Dr. Kho's testimony, a reading of the said testimony reveals no such and the victim to fall down to the basement of the elevator core of the
Record, a Nurse's Record, and a Physician's Discharge Summary. The infirmity and establishes Dr. Kho as a credible witness. Dr. Kho was building under construction, save his 2 companions who luckily jumped
trial court, however, regarded these documentary evidence as mere frank throughout her turn on the witness stand. Furthermore, no motive out for safety.
hearsay, "there being no showing that the person or persons who to state any untruth was ever imputed against Dr. Kho, leaving her - On May 9, 1991, Jose Juegos widow, Maria, filed in the RTC of Pasig a
prepared them are deceased or unable to testify on the facts therein trustworthiness unimpaired. The trial court's following declaration shows complaint for damages against D.M. Consunji, Inc. The employer raised,
stated that while it was critical of the lack of care with which Dr. Kho handled the among other defenses, the widows prior availment of the benefits from
- There was also doubts as to the whereabouts of the piece of rubber, as piece of rubber, it was not prepared to doubt Dr. Kho's credibility, thus the State Insurance Fund. After trial, the RTC rendered a decision in
2 versions arose from Dr. Khos testimony: 1) that it was sent to the only supporting out appraisal of Dr. Kho's trustworthiness. favor of the widow. On appeal by D. M. Consunji, the CA affirmed the
Pathologist in Cebu as testified to in Court by Dr. Kho and (2) that Dr. - Considering that we have assessed Dr. Kho to be a credible witness, decision of the RTC in toto.
Kho threw it away as told by her to Defendant. The failure of the Plaintiffs her positive testimony prevails over the negative testimony in favor of the
to reconcile these two different versions served only to weaken their petitioners. As such, the rule of res ipsa loquitur comes to fore. ISSUES
claim against Defendant Batiquin. The trial court ruled in favor of the - This doctrine is stated thus: "Where the thing which causes injury is 1. WON the doctrine of res ipsa loquitur is applicable to prove petitioners
defendants. The CA reversed the decision. shown to be under the management of the defendant, and the accident is negligence
such as in the ordinary course of things does not happen if those who 2. WON respondent is precluded from recovering damages under the
have the management use proper care, it affords reasonable evidence, in Civil Code
the absence of an explanation by the defendant, that the accident arose
ISSUES from want of care." HELD
Procedural - In the instant case, all the requisites for recourse to the doctrine are 1. YES
WON the court can review questions of fact present. First, the entire proceedings of the cesarean section were under Ratio As a rule of evidence, the doctrine of res ipsa loquitur is peculiar to
Substantive the exclusive control of Dr. Batiquin. In this light, the private respondents the law of negligence which recognizes that prima facie negligence may
WON Dr. Batiquin is liable were bereft of direct evidence as to the actual culprit or the exact cause be established without direct proof and furnishes a substitute for specific
of the foreign object finding its way into private respondent Villegas' body, proof of negligence. It is based in part upon the theory that the defendant
HELD which, needless to say, does not occur unless through the intervention of in charge of the instrumentality which causes the injury either knows the
Procedural negligence. Second, since aside from the cesarean section, private cause of the accident or has the best opportunity of ascertaining it and
YES respondent Villegas underwent no other operation which could have that the plaintiff has no such knowledge, and therefore is compelled to
- While the rule is that only questions of law may be raised in a petition caused the offending piece of rubber to appear in her uterus, it stands to allege negligence in general terms and to rely upon the proof of the
for review on certiorari, there are exceptions, among which are when the reason that such could only have been a by-product of the cesarean happening of the accident in order to establish negligence. Res ipsa
factual findings of the trial court and the appellate court conflict, when the section performed by Dr. Batiquin. The petitioners, in this regard, failed loquitur is a rule of necessity and it applies where evidence is absent or
appealed decision is clearly contradicted by the evidence on record, or to overcome the presumption of negligence arising from resort to the not readily available, provided the following requisites are present:
when the appellate court misapprehended the facts doctrine of res ipsa loquitur. Dr. Batiquin is therefore liable for negligently (1) the accident was of a kind which does not ordinarily occur unless
Substantive leaving behind a piece of rubber in private respondent Villegas' abdomen someone is negligent;
- The focal point of the appeal is Dr. Khos testimony. There were and for all the adverse effects thereof (2) the instrumentality or agency which caused the injury was under the
inconsistencies within her own testimony, which led to the different DISPOSITION Decision affirmed exclusive control of the person charged with negligence; and
decision of the RTC and CA. The CA was correct in saying that the trial (3) the injury suffered must not have been due to any voluntary action or
court erred when it isolated the disputed portion of Dr. Khos testimony D.M. CONSUNJI V CA contribution on the part of the person injured.
and did not consider it with other portions of Dr. Khos testimony. Also, No worker is going to fall from the 14th floor of a building to the basement
KAPUNAN; April 20, 2001
the phrase relied upon by the trial court does not negate the fact that Dr. while performing work in a construction site unless someone is negligent;
Kho saw a piece of rubber in private respondent Villegas' abdomen, and thus, the first requisite is present. As explained earlier, the construction
that she sent it to a laboratory and then to Cebu City for examination by a NATURE site with all its paraphernalia and human resources that likely caused the
pathologist. Furthermore, Dr. Kho's knowledge of the piece of rubber Appeal from CA affirming decision of RTC ordering defendant D.M. injury is under the exclusive control and management of appellant; thus,
could not be based on other than first hand knowledge for, as she Consunji, Inc. to pay damages to plaintiff Maria J. Juego the second requisite is also present. No contributory negligence was
asserted before the trial court. attributed to the appellees deceased husband; thus, the last requisite is
- It is also worth noting that the trial court paid heed to Dr. Batiquins FACTS also present. A reasonable presumption or inference of appellants
testimony, that there was neither any tear on Dr. Batiquin's gloves after - At around 1:30 p.m., November 2, 1990, Jose Juego, a construction negligence arises. Regrettably, petitioner does not cite any evidence to
the operation nor blood smears on her hands upon removing her gloves. worker of D. M. Consunji, Inc., fell 14 floors from the Renaissance Tower, rebut the inference or presumption of negligence arising from the
But the trial court failed to recognized that these were mere denials or Pasig City to his death. Investigation disclosed that while victim Jose A. application of res ipsa loquitur, or to establish any defense relating to the
Juego together with Jessie Jaluag and Delso Destajo were performing incident.
their work on board a steel platform with plywood flooring and cable wires
torts & damages A2010 - 35 - prof. casis

2. NO defendant moved one end of the wire farther from the house by means of MORELAND; December 23, 1914
Ratio Claimants may invoke either the Workmens Compensation Act or a brace, but left the other end where it was.
the provisions of the Civil Code, subject to the consequence that the - Regulations of the City required that all wires be kept three feet from NATURE
choice of one remedy will exclude the other and that the acceptance of the building. Appeal from a judgment of CFI Manila dismissing the complaint on the
compensation under the remedy chosen will preclude a claim for - There was no insulation that could have rendered it safe, because there merits filed in an action to recover damages for injuries
additional benefits under the other remedy. The exception is where a is no insulation material in commercial use for such kind of wire
claimant who has already been paid under the Workmens Compensation (according to appellant, and this was not refuted). FACTS
Act may still sue for damages under the Civil Code on the basis of Petitioners Claim - Due to a collision between the respective automobiles of Bernardo and
supervening facts or developments occurring after he opted for the first - Owner of the house exceeded the limit for the construction of the Legaspi, the former filed an action to recover damages for injuries
remedy. The choice of a party between inconsistent remedies results in a media agua (17% more). sustained by his car which he alleged were by reason of Legaspi's
waiver by election. Waiver requires a knowledge of the facts basic to the Respondents Comment negligence in causing said collision.
exercise of the right waived, with an awareness of its consequences. Owner was given final permit despite the excess of the media agua. Legaspi, on the other hand, filed a cross-complaint alleging it was
That a waiver is made knowingly and intelligently must be illustrated on Bernardo's fault. He also asks for damages.
the record or by the evidence. There is no showing that private ISSUE - The lower court found upon the evidence that both the plaintiff and the
respondent knew of the remedies available to her when the claim before WON Manila Electric is guilty of negligence. defendant were negligent in handling their automobiles and that said
the ECC was filed. On the contrary, private respondent testified that she negligence was of such a character and extent on the part of both as to
was not aware of her rights. HELD prevent either from recovering.
DISPOSITION The case is REMANDED to the Regional Trial Court of NO
Pasig City to determine whether the award decreed in its decision is - It was the victim who was guilty of negligence ISSUE
more than that of the ECC, whereupon payments already made to private Ratio the liability of electric companies for damages or personal injury is WON the parties may recover damages
respondent pursuant to the Labor Code shall be deducted therefrom. In governed by the rules of negligence, nevertheless such companies are
all other respects, the Decision of the CA is AFFIRMED. not insurers of the safety of the public. HELD
Reasoning 1. NO
MANILA ELECTRIC CO. V REMONQUILLO - The death of Magno was primarily caused by his own negligence, and - Where two automobiles, going in opposite directions, collide on turning
in some measure by the too close proximity of the media agua to the
99 PHIL 117 a street corner, and it appears from the evidence and is found by the trial
electric wire of the company by reason of the violation of the original court that the drivers thereof were equally negligent and contributed
MONTEMAYOR; May 18, 1956 permit given by the city and the subsequent approval of said illegal equally to the principal occurrence as determining causes thereof, neither
construction of the media agua. Had the house owner followed the can recover of the other for damages suffered.
NATURE terms of the permit given him by the city for the construction of his
Petition for review by certiorari of a decision of the Court of Appeals. media agua, the distance from the wires to the edge of said media
BERNAL V HOUSE
agua would have been 3ft and 11 3/8 inches.
FACTS - The company cannot be expected to be always on the lookout for any 54 PHIL 327
- August 22, 1950: Efren Magno went to the house of Antonio Pealoza, illegal construction which reduces the distance between its wires and MALCOLM; January 30, 1930
hid stepbrother, on Rodriguez Lanuza St, Manila, to repair a leaking said construction, and to change the installation of its wires so as to
media agua. The media agua was just below the window of the third preserve said distance. FACTS
story. - The violation of the permit for the construction was not the direct cause - Fortunata Enverso with her daughter Purificacion Bernal went to
- Standing on said media agua, Magno received from his son thru the of the accident. It merely contributed to it. The real cause of the accident Tacloban, Leyte to attend the procession of Holy Friday.
window a 3x6 galvanized iron sheet to cover the leaking portion. The or death was the reckless or negligent act of Magno himself. It is to be - After the procession, they, accompanied by two other persons,
lower end of the iron sheet came into contact with the electric wire of the presumed that due to his age and experience he was qualified to do so. passed along a public street named Gran Capitan.
Manila Electric Company parallel to the media agua and 2 feet from it, He had training and experience for the job. He could not have been - The little girl was allowed to get a short distance in advance of her
causing his death by electrocution. entirely a stranger to electric wires and the danger lurking in them. mother and her friends.
- his widow and children filed suit to recover damages from the company. - To hold the defendant liable in damages for the death of Magno, such - While in front of the offices of the Tacloban Electric & Ice Plant, Ltd.,
Trial court rendered judgment in their favor. Court of Appeals affirmed the supposed negligence of the company must have been the proximate and an automobile appeared on which frightened the child. She turned to run,
decision. principal cause of the accident. but fell into the street gutter. At that time there was hot water in this gutter
- The electric wire in question was an exposed, uninsulated primary wire or ditch coming from the Electric Ice Plant of J.V. House.
stretched between poles pm the street and carrying a charge of 3600 Disposition The appealed decision of the CA is reversed, and complaint - When the mother and her companions reached the child, they found
volts. It was installed there some two years ago before Pealozas house against the Company dismissed. her face downward in the hot water.
was constructed. During the construction of said house a similar incident - The girl was taken to the provincial hospital. Despite his efforts, the
took place, with less tragic consequences. The owner of the house child died that same night.
BERNARDO V LEGASPI
complained to defendant about the danger which the wire presented, and
29 Phil 12
torts & damages A2010 - 36 - prof. casis

- It was certified that the cause of death was "Burns, 3rd Degree, whole - Judgment appealed from should be affirmed. irresistible; such as lightning. tempest, perils of the sea, inundation, or
Body", and that the contributory causes were "Congestion of the Brain earthquake; the sudden illness or death of a person.
and visceras of the chest & abdomen. GOTESCO INVESTMENT CORPORATION V CHATTO 2. Escriche, in his Diccionario de Legislacion y Jurisprudenci,:
- The defense was that the hot water was permitted to flow down the The event which we could neither foresee nor resist; as for example, the
210 SCRA 18
side of the street Gran Captain with the knowledge and consent of the lightning stroke, hail, inundation, hurricane, public enemy, attack by
authorities; that the cause of death was other than the hot water; and that DAVIDE JR.; June 16, 1992 robbers; Vis major est, says Cayo, ea quae consilio humano neque
in the death the plaintiffs contributed by their own fault and negligence. provideri neque vitari potest. Accident and mitigating circumstances.
- The trial judge, however, after examination of the evidence presented FACTS 3. Bouvier: Any accident due to natural cause, directly exclusively without
by the defendants, failed to sustain their theory of the case, except as to - Plaintiff Gloria E. Chatto, and her 15-year old daughter, Lina Delza E. human intervention, such as could not have been prevented by any kind
the last mentioned special defense. He nevertheless was led to order the Chatto went to see the movie "Mother Dear" at Superama I theater, of oversight, pains and care reasonably to have been expected.
dismissal of the action because of the contributory negligence of the owned by defendant Gotesco Investment Corporation. 4. Corkburn, chief justice, in a well considered English case, said that
plaintiffs. - Hardly ten (10) minutes after entering the theater, the ceiling of its were a captain uses all the known means to which prudent and
balcony collapsed. The theater was plunged into darkness and experienced captains ordinarily have recourse, he does all that can be
ISSUE pandemonium ensued. reasonably required of him; and if, under such circumstances, he is
WON the action should be dismissed due to the contributory negligence - Shocked and hurt, plaintiffs managed to crawl under the fallen ceiling. overpowered by storm or other natural agency, he is within the rule which
of the plaintiffs As soon as they were able to get out to the street they walked the nearby gives immunity from the effects of such vis major. The term generally
FEU Hospital where they were confined and treated for one (1) day. applies, broadly speaking, to natural accidents, such as those caused by
- The next day, they transferred to the UST hospital. Plaintiff Gloria lightning, earthquake, tempests, public enemy ,etc.
Chatto was treated in said hospital from June 5 to June 19 and plaintiff -The real reason why Mr. Ong could not explain the cause or reason is
HELD Lina Delza Chatto from June 5 to 11. that either he did not actually conduct the investigation or that he
NO - Due to continuing pain in the neck, headache and dizziness, plaintiff isincompetent. He is not an engineer, but an architect who had not even
- The death of the child was the result of fault and negligence in went to Illinois, USA in July 1982 for further treatment. She was treated at passed the government's examination.
permitting hot water to flow through the public streets, there to endanger the Cook County Hospital in Chicago, Illinois. She stayed in the U.S. for - Verily, post-incident investigation cannot be considered as material to
the lives of passers-by who were unfortunately enough to fall into it about three (3) months during which time she had to return to the Cook the present proceedings. What is significant is the finding of the trial
- The mother and her child had a perfect right to be on the principal street County Hospital five (5) or, six (6) times. court, affirmed by the respondent Court, that the collapse was due to
of Tacloban, Leyte, on the evening when the religious procession was - Defendant tried to avoid liability by alleging that the collapse of the construction defects. There was no evidence offered to overturn this
held. ceiling of its theater was done due to force majeure. It maintained that its finding.
- There was nothing abnormal in allowing the child to run along a few theater did not suffer from any structural or construction defect. - The building was constructed barely 4 years prior to the accident in
paces in advance of the mother. No one could foresee the coincidence of - The trial court awarded actual or compensatory and moral damages question. It was not shown that any of the causes denominates as force
an automobile appearing and of a frightened child running and falling into and attorney's fees to the plaintiffs. majeure obtained immediately before or at the time of the collapse of the
a ditch filled with hot water. - Respondent Court found the appeal later filed to be without merit. ceiling. Such defects could have been easily discovered if only petitioner
- The doctrines announced in the much debated case of Rakes vs. - Its motion for reconsideration of the decision having been denied by the exercised due diligence and care in keeping and maintaining the
Atlantic, Gulf and Pacific Co. ([1907], 7 Phil., 359), still rule. Article 1902 respondent Court, petitioner filed the petition in the SC. premises. But as disclosed by the testimony of Mr. Ong, there was no
of the Civil Code must again be enforced. The contributory negligence adequate inspection of the premises before the date of the accident.
of the child and her mother, if any, does not operate as a bar to ISSUE - That the structural designs and plans of the building were duly approved
recovery, but in its strictest sense could only result in reduction of WON the collapse of the ceiling was caused by force majeur by the City Engineer and the building permits and certificate of
the damages. occupancy were issued do not at all prove that there were no defects in
DISPOSITION Judgment appealed from was in part be reversed and in HELD the construction, especially as regards the ceiling, considering that no
the court of origin another judgment was issued in favor of Fortunata NO testimony was offered to prove that it was ever inspected at all.
Enverso and against J.V. House for the amount of P1,000, and for the - Petitioner's claim that the collapse of the ceiling of the theater's balcony - It is settled that:
costs of both instances. was due to force majeure is not even founded on facts because its own The owner or proprietor of a place of public amusement impliedly
witness, Mr. Jesus Lim Ong, admitted that "he could not give any reason warrants that the premises, appliances and amusement devices
why the ceiling collapsed." Having interposed it as a defense, it had the are safe for the purpose for which they are designed, the doctrine
SEPARATE OPINION burden to prove that the collapse was indeed caused by force majeure. being subject to no other exception or qualification than that he
That Mr. Ong could not offer any explanation does not imply force does not contract against unknown defects not discoverable by
ROMUALDEZ [dissent] majeure. ordinary or reasonable means.
- Even taking the finding that the defendant by its negligence helped to - Definitions of force majeure as cited in Pons y Compaia vs. La - This implied warranty has given rise to the rule that:
bring about the accident which resulted in the death of the child Compaia Maritima: Where a patron of a theater or other place of public amusement is
Purificacion Bernal, plaintiff, by negligence, contributed to that most 1. Blackstone, in his Commentaries on English Law: Inevitable accident injured, and the thing that caused the injury is wholly and
regrettable result. or casualty; an accident produced by any physical cause which is exclusively under the control and management of the defendant,
torts & damages A2010 - 37 - prof. casis

and the accident is such as in the ordinary course of events would - The accident was due to the lack of diligence of respondent Antonio - Genobiagon was convicted of homicide thru reckless imprudence. CA
not have happened if proper care had been exercised, its Esteban and was not imputable to negligent omission on the part of affirmed
occurrence raises a presumption or permits of an inference of petitioner PLDT. - Genobiagon claims CA erred in not finding that the reckless negligence
negligence on the part of the defendant. > Jeep was running along the inside lane of Lacson Street. If it had of the victim was the proximate cause of the accident which led to her
- That presumption or inference was not overcome by the petitioner. remained on that inside lane, it would not have hit the accident mound death
- Even assuming that the cause of the collapse was due to force majeure, > That plaintiffs jeep was on the inside lane before it swerved to hit
petitioner would still be liable because it was guilty of negligence, which the ACCIDENT MOUND could have been corroborated by a picture ISSUES
the trial court denominated as gross. As gleaned from Bouvier's definition showing Lacson Street to the south of the ACCIDEN MOUND. WON contributory negligence can be used as defense by Genobiagon
of and Cockburn's elucidation on force majeure for one to be exempt > Plaintiffs jeep was not running at 25 kilometers an hour as plaintiff
from any liability because of it, he must have exercised care, i.e., he husband claimed. At that speed, he could have braked the vehicle the HELD
should not have been guilty of negligence. moment it struck the ACCIDENT MOUND. NO
Disposition Judgment was denying the instant petition with costs > If the accident did not happen because the jeep was running quite - The alleged contributory negligence of the victim, if any, does not
against petitioner. fast on the inside lane and for some reason or other it had to swerve exonerate the accused.
suddenly to the right and had to climb over the ACCIDENT MOUND, - "The defense of contributory negligence does not apply in criminal
then plaintiff husband had not exercised the deligence of a good cases committed through reckless imprudence, since one cannot allege
PLDT V CA (SPS ESTEBAN)
father of a family to avoid the accident. the negligence of another to evade the effects of his own negligence
REGALADO; September 29, 1989 - The above findings clearly show that the negligence of respondent (People vs. Orbeta, CA-G.R. No. 321, March 29, 1947)." (People vs.
[CITATION] Antonio Esteban was not only contributory to his injuries and those of his Quiones, 44 O.G. 1520)
wife but goes to the very cause of the occurrence of the accident, as one Disposition the appealed decision is affirmed with modification as to the
NATURE of its determining factors, and thereby precludes their right to recover civil liability of the petitioner which is hereby increased to P30,000. Costs
Petition for certiorari to review the resolution of the Court of Appeals. damages. against petitioner.
Disposition resolutions of respondent CA, dated March 11, 1990 and
FACTS September 3, 1980, are hereby SET ASIDE, Its original decision, RAKES V ATLANTIC
- July 30, 1968 Jeep of Esteban spouses ran over a mound of earth promulgated on September 25, 1979, is hereby REINSTATED and
[CITATION]
and fell into an open trench, an excavation allegedly undertaken by PLDT AFFIRMED.
[PONENTE]
for the installation of its underground conduit system. The complaint
alleged that respondent Antonio Esteban failed to notice the open trench GENOBIAGON V CA (PEOPLE OF THE PHILS)
NATURE
which was left uncovered because of the creeping darkness and the lack 178 SCRA 422 Action for damages
of any warning light or signs.
GRIO-AQUINO; October 22, 1957
- Gloria Esteban allegedly sustained injuries on her arms, legs and face,
FACTS
leaving a permanent scar on her cheek, while the respondent husband
NATURE - The plaintiff, Rakes, one of a group of 8 African-American laborers in
suffered cut lips. In addition, the windshield of the jeep was shattered.
Petition for review of the CAs decision affirming the conviction of the the employment of defendant, Atlantic, was at work transporting iron rails
- PLDT, in its answer, denies liability on the contention that the injuries
petitioner of the crime of homicide thru reckless imprudence. from the harbor in Manila. The men were hauling the rails on 2 hand cars,
sustained by respondent spouses were the result of their own negligence
some behind or at it sides and some pulling the cars in the front by a
and that the entity which should be held responsible, if at all, is L.R. Barte
FACTS rope. At one point, the track sagged, the tie broke, the car canted and the
and Company, an independent contractor which undertook the said
- On Dec 31, 1959, at about 7:30 PM, a rig driven by Genobiagon rails slid off and caught the plaintiff who was walking by the cars side,
construction work.
bumped an old woman who was crossing the street. The appellant's rig breaking his leg, which was later amputated at the knee.
- TC ruled in favor of Esteban spouses whereas the CA reversed the
was following another at a distance of two meters. The old woman - The plaintiffs witness alleged that a noticeable depression in the track
ruling.
started to cross when the first rig was approaching her, but as appellant's had appeared after a typhoon. This was reported to the foreman,
vehicle was going so fast not only because of the steep down-grade of Mckenna, but it had not been proven that Atlantic inspected the track or
ISSUE
the road, but also because he was trying to overtake the rig ahead of had any proper system of inspection. Also, there were no side guards on
WON the Esteban spouses can claim damages from PLDT
him, the appellant's rig bumped the old woman, who fell at the middle of the cars to keep the rails from slipping off.
the road. The appellant continued to drive on, but a by-stander Mangyao - However, the companys officers and 3 of the workers testified that
HELD
saw the incident and shouted at the appellant to stop. He ran after there was a general prohibition frequently made known to all against
NO
appellant when the latter refused to stop. Overtaking the appellant, walking by the side of cars. As Rakes was walking along the cars side
Ratio A person claiming damages for the negligence of another has the
Mangyao asked him why he bumped the old woman and his answer was, when the accident occurred, he was found to have contributed in some
burden of proving the existence of such fault or negligence causative
'it was the old woman that bumped him.' The appellant went back to the degree to the injury inflicted, although not as the primary cause.
thereof. The facts constitutive of negligence must be affirmatively
place where the old woman was struck by his rig. The old woman was - Atlantic contends that the remedy for injury through negligence lies only
established by competent evidence.
unconscious. She was then loaded in a jeep and brought to the hospital in a criminal action against the official directly responsible and that the
Reasoning
where she died 3 hours later. employer be held only subsidiarily liable.
torts & damages A2010 - 38 - prof. casis

original and duplicate, presented by Ms. Yabut to Ms. Mabayad, explanation and would have insisted that the space left blank be filled up
ISSUE notwithstanding the fact that one of the deposit slips was not completely as a condition for validation. Unfortunately, this was not how bank teller
WON there was contributory negligence on the part of petitioner accomplished. Mabayad proceeded thus resulting in huge losses to the private
Ratio Art. 2176. Whoever by act or omission causes damage to another, respondent.
HELD there being fault or negligence, is obliged to pay for the damage done. - Negligence here lies not only on the part of Ms. Mabayad but also on
YES Such fault or negligence, if there is no pre-existing contractual relation the part of the bank itself in its lackadaisical selection and supervision of
- Petitioner had walked along the side of the car despite a prohibition to between the parties, is called a quasi-delict and is governed by the Ms. Mabayad. In the testimony of Mr. Romeo Bonifacio, then Manager of
do so by the foreman. provisions of this Chapter the Pasig Branch of the petitioner, to the effect that, while he ordered the
-The negligence of the injured person contributing to his injury but not Reasoning investigation of the incident, he never came to know that blank deposit
being one of the determining causes of the principal accident, does not - There are three elements of a quasi-delict: (a) damages suffered by the slips were validated in total disregard of the bank's validation procedures.
operate as a bar to recovery, but only in reduction of his damages. Each plaintiff; (b) fault or negligence of the defendant, or some other person for - It was in fact only when he testified in this case in February, 1983, or
party is chargeable with damages in proportion to his fault. whose acts he must respond; and (c) the connection of cause and effect after the lapse of more than seven (7) years counted from the period
- Trial court assessed that damages to plaintiff amount to PhP5,000. SC between the fault or negligence of the defendant and the damages when the funds in question were deposited in plaintiff's accounts (May,
deducted PhP2,500, the amount fairly attributable to his own negligence. incurred by the plaintiff. 1975 to July, 1976) that bank manager Bonifacio admittedly became
- In the case at bench, there is no dispute as to the damage suffered by aware of the practice of his teller Mabayad of validating blank deposit
the private respondent. Negligence is the omission to do something slips. Undoubtedly, this is gross, wanton, and inexcusable negligence in
SEPARATE OPINION
which a reasonable man, guided by those considerations which ordinarily the appellant bank's supervision of its employees.
regulate the conduct of human affairs, would do, or the doing of - It was this negligence of Ms. Azucena Mabayad, coupled by the
WILLARD AND CARSON [dissent] something which a prudent and reasonable man would do. negligence of the petitioner bank in the selection and supervision of its
- the negligence of the defendant alone was insufficient to cause the - Test by which to determine the existence of negligence in a particular bank teller, which was the proximate cause of the loss suffered by the
accidentit also required the negligence of the plaintiff. Because of this, case: Did the defendant in doing the alleged negligent act use that private respondent, and not the latter's act of entrusting cash to a
plaintiff should not be afforded relief reasonable care and caution which an ordinarily prudent person would dishonest employee, as insisted by the petitioners.
have used in the same situation? If not, then he is guilty of negligence. - Proximate cause is determined on the facts of each case upon mixed
The law here in effect adopts the standard supposed to be supplied by considerations of logic, common sense, policy and precedent. Bank of
PHILIPPINE BANK OF COMMERCE V CA (ROMMELS
the imaginary conduct of the discreet paterfamilias of the Roman law. the Phil. Islands v. Court of Appeals, 17 defines proximate cause as "that
MARKETING CORP.) The existence of negligence in a given case is not determined by cause, which, in natural and continuous sequence, unbroken by any
269 SCRA 695 reference to the personal judgment of the actor in the situation before efficient intervening cause, produces the injury, and without which the
HERMOSISIMA JR; March 14, 1997 him. The law considers what would be reckless, blameworthy, or result would not have occurred. . . ." In this case, absent the act of Ms.
negligent in the man of ordinary intelligence and prudence and Mabayad in negligently validating the incomplete duplicate copy of the
NATURE determines liability by that. deposit slip, Ms. Irene Yabut would not have the facility with which to
Petition for review challenging the CA decision affirming the RTC - Applying the above test, it appears that the bank's teller, Ms. Azucena perpetrate her fraudulent scheme with impunity.
decision in a civil case Mabayad, was negligent in validating, officially stamping and signing all - LAST CLEAR CHANCE: under the doctrine of "last clear chance" (also
the deposit slips prepared and presented by Ms. Yabut, despite the referred to, at times as "supervening negligence" or as "discovered
FACTS glaring fact that the duplicate copy was not completely accomplished peril"), petitioner bank was indeed the culpable party. This doctrine, in
- the case stems from a complaint filed by Rommels Marketing contrary to the self-imposed procedure of the bank with respect to the essence, states that where both parties are negligent, but the negligent
Corporation (RMC) to recover from the former Philippine Bank of proper validation of deposit slips, original or duplicate, as testified to by act of one is appreciably later in time than that of the other, or when it is
Commerce (PBC) the sum of P304,979.74 representing various deposits Ms. Mabayad herself. impossible to determine whose fault or negligence should be attributed to
it had made in its current account with the bank but which were not - The fact that the duplicate slip was not compulsorily required by the the incident, the one who had the last clear opportunity to avoid the
credited, and were instead deposited to the account of one Bienvenido bank in accepting deposits should not relieve the petitioner bank of impending harm and failed to do so is chargeable with the consequences
Cotas, allegedly due to the gross and inexcusable negligence of the responsibility. The odd circumstance alone that such duplicate copy thereof. The rule would also mean that an antecedent negligence of a
petitioner bank. lacked one vital information that of the name of the account holder person does not preclude the recovery of damages for the supervening
should have already put Ms. Mabayad on guard. Rather than readily negligence of, or bar a defense against liability sought by another, if the
ISSUE validating the incomplete duplicate copy, she should have proceeded latter, who had the last fair chance, could have avoided the impending
What is the proximate cause of the loss, to the tune of P304,979.74, more cautiously by being more probing as to the true reason why the harm by the exercise of due diligence. Here, assuming that private
suffered by the private respondent RMC petitioner bank's negligence name of the account holder in the duplicate slip was left blank while that respondent RMC was negligent in entrusting cash to a dishonest
or that of private respondent's? in the original was filled up. She should not have been so naive in employee, thus providing the latter with the opportunity to defraud the
accepting hook, line and sinker the too shallow excuse of Ms. Irene company, as advanced by the petitioner, yet it cannot be denied that the
HELD Yabut to the effect that since the duplicate copy was only for her personal petitioner bank, thru its teller, had the last clear opportunity to avert the
- The proximate cause of the loss was the negligent act of the bank, thru record, she would simply fill up the blank space later on. 11 A "reasonable injury incurred by its client, simply by faithfully observing their self-
its teller Ms. Azucena Mabayad, in validating the deposit slips, both man of ordinary prudence" 12 would not have given credence to such imposed validation procedure.
torts & damages A2010 - 39 - prof. casis

- In the case of banks, the degree of diligence required is more than that - Since Yabut deposited money in cash, the usual bank procedure then bank statements not because it was prevented by some cause in not
of a good father of a family. Considering the fiduciary nature of their was for the teller to count whether the cash deposit tallied with the doing so, but because it was purposely negligent as it admitted that it
relationship with their depositors, banks are duty bound to treat the amount written down by the depositor in the deposit slip. If it did, then the does not normally check bank statements given by banks.
accounts of their clients with the highest degree of care. teller proceeded to verify whether the current account number matched - It was private respondent who had the last and clear chance to prevent
- The foregoing notwithstanding, it cannot be denied that, indeed, private with the current account name as written in the deposit slip. any further misappropriation by Yabut had it only reviewed the status of
respondent was likewise negligent in not checking its monthly statements - In the earlier days before the age of full computerization, a bank its current accounts on the bank statements sent to it monthly or
of account. Had it done so, the company would have been alerted to the normally maintained a ledger which served as a repository of accounts to regularly. Since a sizable amount of cash was entrusted to Yabut, private
series of frauds being committed against RMC by its secretary. The which debits and credits resulting from transactions with the bank were respondent should, at least, have taken ordinary care of its concerns, as
damage would definitely not have ballooned to such an amount if only posted from books of original entry. Thus, it was only after the transaction what the law presumes. Its negligence, therefore, is not contributory but
RMC, particularly Romeo Lipana, had exercised even a little vigilance in was posted in the ledger that the teller proceeded to machine validate the the immediate and proximate cause of its injury.
their financial affairs. This omission by RMC amounts to contributory deposit slip and then affix his signature or initial to serve as proof of the
negligence which shall mitigate the damages that may be awarded to the completed transaction. JUNTILLA V FONTANAR
private respondent 23 under A2179 CC, to wit: - It should be noted that the teller validated the depositor's stub in the
136 SCRA 624
. . . When the plaintiff's own negligence was the immediate and upper portion and the bank copy on the lower portion on both the original
proximate cause of his injury, he cannot recover damages. But if his and duplicate copies of the deposit slips presented by Yabut. The teller, GUITERREZ JR; May 31, 1985
negligence was only contributory, the immediate and proximate cause however, detached the validated depositor's stub on the original deposit
of the injury being the defendant's lack of due care, the plaintiff may slip and allowed Yabut to retain the whole validated duplicate deposit slip NATURE
recover damages, but the courts shall mitigate the damages to be that bore the same account number as the original deposit slip, but with Petition to review the decision of CFI of Cebu
awarded. the account name purposely left blank by Yabut, on the assumption that it
In view of this, we believe that the demands of substantial justice are would serve no other purpose but for a personal record to complement FACTS
satisfied by allocating the damage on a 60-40 ratio. Thus, 40% of the the original validated depositor's stub. - Petitioner Roberto Juntilla was sitting a the front seat of a jeepney
damage awarded by the respondent appellate court, except the award of - Thus, when Yabut wrote the name of RMC on the blank account name (driven by one Berfol Camoro, registered under the franchise of
P25,000.00 attorney's fees, shall be borne by private respondent RMC; on the validated duplicate copy of the deposit slip, tampered with its Clemente Fontanar, but actually owned by Fernando Banzon) when its
only the balance of 60% needs to be paid by the petitioners. The award account number, and superimposed RMC's account number, said act right rear tire exploded causing it to turn turtle. Plaintiff was thrown out of
of attorney's fees shall be borne exclusively by the petitioner. only served to cover-up the loss already caused by her to RMC, or after the vehicle and lost consciousness upon landing on the ground. When he
Disposition the decision of the respondent Court of Appeals is modified the deposit slip was validated by the teller in favor of Yabut's husband. came back to his senses, he found that he had a lacerated wound on his
by reducing the amount of actual damages private respondent is entitled Stated otherwise, when there is a clear evidence of tampering with any of right palm, injuries on his left arm, right thigh and on his back and also
to by 40%. Petitioners may recover from Ms. Azucena Mabayad the the material entries in a deposit slip, the genuineness and due execution found this Omega wrist watch was lost. He went to Danao city and upon
amount they would pay the private respondent. Private respondent shall of the document become an issue in resolving whether or not the arrival there he entered the City Hospital to attend to his injuries and
have recourse against Ms. Irene Yabut. In all other respects, the transaction had been fair and regular and whether the ordinary course of asked his father-in-law to go to site of the accident to look for his watch
appellate court's decision is AFFIRMED. business had been followed by the bank. but the watch was nowhere to be found.
SEPARATE OPINION - The legal or proximate cause of RMC's loss was when Yabut, its - Petitioner then filed a civil case for breach of contract with damages
employee, deposited the money of RMC in her husband's name and before the City Court of Cebu against Fontanar, Banzon, and Camoro,
account number instead of that of RMC, the rightful owner of such who filed their answer, alleging that the accident was beyond their control
PADILLA [dissent] deposited funds. Precisely, it was the criminal act of Yabut that directly taking into account that the tire that exploded was newly bought and
- It seems that an innocent bank teller is being unduly burdened with caused damage to RMC, her employer, not the validation of the deposit slightly used at the time it blew up.
what should fall on Ms. Irene Yabut, RMC's own employee, who should slip by the teller as the deposit slip was made out by Yabut in her - City Court rendered judgment in favor of petitioner. The respondents
have been charged with estafa or estafa through falsification of private husband's name and to his account. then appealed to the CFI of Cebu, which reversed the judgment upon a
document. Why is RMC insulating Ms. Irene Yabut from liability when in - LAST CLEAR CHANCE: As for the doctrine of "last clear chance," it is finding that the accident in question was due to a fortuitous event.
fact she orchestrated the entire fraud on RMC, her employer? my considered view that the doctrine assumes that the negligence of the Petitioners MFR was denied, hence this appeal.
- Going back to Yabut's modus operandi, it is not disputed that each time defendant was subsequent to the negligence of the plaintiff and the same
Yabut would transact business with PBC's tellers, she would accomplish must be the proximate cause of the injury. In short, there must be a last ISSUES
two (2) copies of the current account deposit slip. PBC's deposit slip, as and a clear chance, not a last possible chance, to avoid the accident or 1. WON the CFI erred in absolving the carrier from any liability upon a
issued in 1975, had two parts. The upper part was called the depositor's injury. It must have been a chance as would have enabled a reasonably finding that the tire blow out is a fortuitous event
stub and the lower part was called the bank copy. Both parts were prudent man in like position to have acted effectively to avoid the injury 2. WON the accident was due to a fortuitous event
detachable from each other. The deposit slip was prepared and signed and the resulting damage to himself.
by the depositor or his representative, who indicated therein the current - In the case at bar, the bank was not remiss in its duty of sending HELD
account number to which the deposit was to be credited, the name of the monthly bank statements to private respondent RMC so that any error or 1. YES
depositor or current account holder, the date of the deposit, and the discrepancy in the entries therein could be brought to the bank's attention - The CFI relied on the ruling of the CA in Rodriguez v Red Line
amount of the deposit either in cash or in checks. at the earliest opportunity. Private respondent failed to examine these Transportation Co., that a tire blow-out does not constitute negligence
torts & damages A2010 - 40 - prof. casis

unless the tire was already old and should not have been used at all. been discovered by the carrier if it had exercised the degree of care - the petitioner, invoking the foregoing facts, filed a request for relief from
This conclusion is based on a misapprehension of overall facts. In La which under the circumstances was incumbent upon it. with regard to money accountability under Section 638 of the Revised Administrative
Mallorca and Pampanga Bus Co. v De Jesus, et al, We held that, not inspection and application of the necessary tests. For the purposes of Code.3
only are the rulings of the CA in Rodriguez v Red Line Trans. Co. not this doctrine, the manufacturer is considered as being in law the agent or - however, the Commission on Audit, through then Chairman Francisco
binding on this Court but they were also based on considerations quite servant of the carrier, as far as regards the work of constructing the S. Tantuico, jr. denied the petitioner's request, observing inter alia:
different from those that obtain in the case at bar. In the case at bar, appliance. According to this theory, the good repute of the manufacturer In the instant case, the loss of the P10,175.00 under the accountability of
there are specific acts of negligence on the part of the respondents. The will not relieve the carrier from liability. Mr. Hernandez can be attributed to his negligence because had he
records show that the passenger jeepney turned turtle and jumped into a - It is sufficient to reiterate that the source of a common carrier's legal brought the cash proceeds of the checks (replenishment fund) to the
ditch immediately after its right rear tire exploded. The evidence shows liability is the contract of carriage, and by entering into the said contract, it Beach Park in Ternate immediately after encashment for safekeeping in
that the passenger jeepney was running at a very fast speed before the binds itself to carry the passengers safely as far as human care and his office, which is the normal procedure in the handling of public funds,
accident. We agree with the observation of the petitioner that a public foresight can provide, using the utmost diligence of a very cautious the loss of said cash thru robbery could have been aborted.
utility jeep running at a regular and safe speed will not jump into a ditch person, with a due regard for all the circumstances. The records show - In the petition at bar, Hernandez claims that the respondent COA acted
when its right rear tire blows up. There is also evidence to show that the that this obligation was not met by the respondents. with grave abuse of discretion in denying him relief and in holding him
passenger jeepney was overloaded at the time of the accident. The Disposition Decision appealed from is REVERSED and SET ASIDE. negligent for the loss of the stolen money. He avers he has done only
petitioner stated that there were 3 passengers in the front seat and 14 in Decision of City Court is REINSTATED what any reasonable man would have done and should not be held
the rear. accountable for a fortuitous event over which he had no control.
- While it may be true that the tire that blew-up was still good because the HERNANDEZ V COMMISSION ON AUDIT - On his decision to take the money home that afternoon instead of
grooves of the tire were still visible, this fact alone does not make the 179 SCRA 39 returning directly to Ternate, he says that the first course was more
explosion of the tire a fortuitous event. No evidence was presented to prudent as he saw it, if only because his home in Marilao was much
show that the accident was due to adverse road conditions or that CRUZ; November 6, 1989 nearer than his office in Ternate; that the likelihood of robbery during the
precautions were taken by the jeepney driver to compensate for any time in question was stronger in Ternate than in Marilao; that what
conditions liable to cause accidents. The sudden blowing-up, therefore, NATURE happened was a fortuitous event that could not have reasonably been
could have been caused by too much air pressure injected into the tire A petition to reverse Commission on Audits denial of relief foreseen, especially on that busy highway.
coupled by the fact that the jeepney was overloaded and speeding at the - then Solicitor-General argued that Hernandez was negligent in the
time of the accident. FACTS safekeeping of the stolen funds. Later, however, his successor sided with
2. NO - Teodoro M. Hernandez was the officer-in-charge and special disbursing the petitioner, agreeing that Hernandez had not committed any
Ratio A caso fortuito (fortuitous event) presents the following essential officer of the Ternate Beach Project of the Philippine Tourism Authority in negligence or, assuming he was guilty of contributory negligence, had
characteristics: Cavite. He went to the main office in Manila to encash 2 checks covering made up for it with his efforts to retrieve the money and his capture of
1. The cause of the unforeseen and unexpected occurrence, or of the the wages of the employees and the operating expenses of the Project. one of the robbers, who was eventually convicted.
failure of the debtor to comply with his obligation, must be independent of He estimated that the money would be available by 10am and that he - COA insists that the petitioner should not be relieved from his money
the human will would be back in Ternate by about 2pm of the same day. However, the accountability because it was his own negligence that led to the loss of
2. It must be impossible to foresee the even which constitutes the caso processing of the checks was completed only at 3pm. The petitioner the cash he had sought to take not to Ternate but to Marilao. Its
fortuito, or if it can be foreseen, it must be impossible to avoid decided nevertheless to encash them because the Project employees contention is that the petitioner should not have encashed the checks as
3. The occurrence must be such as to render it impossible for the debtor would be waiting for their pay the following day. And so, he collected the the hour was already late and he knew he could not return to Ternate
to fulfill his obligation in a normal manner cash value of the checks. The petitioner had two choices: (1) return to before nightfall. The memo concludes that in deciding to take the money
4. The obligor (debtor) must be free from any participation in the Cavite that same afternoon and arrive there in the early evening; or (2) with him to Marilao after imprudently withdrawing it from the main office,
aggravation of the injury resulting to the creditor take the money with him to his house in Marilao, Bulacan, spend the the petitioner was assuming a risk from which he cannot now be excused
Reasoning night there, and leave for Ternate the following morning. He opted for the after the loss of the money as a result of the robbery to which it was
- In the case at bar, the cause of the unforeseen and unexpected second, thinking it the safer one. He took a passenger jeep bound for his unreasonably exposed.
occurrence was not independent of the human will. The accident was house in Bulacan. It was while the vehicle was along EDSA that two
caused either through the negligence of the driver or because of persons with knives boarded and forcibly took the money he was
mechanical defects in the tire. Common carriers should teach their carrying. Hernandez, after the initial shock, immediately followed in
drivers not to overload their vehicles not to exceed safe and legal speed desperate pursuit. He caught up with Virgilio Alvarez and overcame him
limits and to know the correct measures to take when a tire blows up thus after a scuffle. Alvarez was subsequently charged with robbery and 3 Section 638. Credit for loss occurring in transit or due to casualty Notice to Auditor. When
insuring the safety of passengers at all times. pleaded guilty. But the hold-upper who escaped is still at large and the a loss of government funds or property occurs while the same is in transit or is caused by fire,
- Relative to the contingency of mechanical defects, we held in Necesito, stolen money he took with him has not been recovered. theft, or other casualty, the officer accountable therefor or having custody thereof shall
immediately notify the Auditor General, or the provincial auditor, according as a matter is within
et al. v. Paras, et al, that: The preponderance of authority is in favor of the original jurisdiction of the one or the other, and within thirty days or such longer period as the
the doctrine that a passenger is entitled to recover damages from a Auditor, or provincial auditor, may in the particular case allow, shall present his application for
carrier for an injury resulting from a defect in an appliance purchased relief, with the available evidence in support thereof. An officer who fails to comply with this
requirement shall not be relieved of liability or allowed credit for any such loss in the settlement of
from a manufacturer, whenever it appears that the defect would have his accounts.
torts & damages A2010 - 41 - prof. casis

ISSUES than that he does not contract against unknown defects not discoverable
1. WON Jesus Lim Ongs investigation maybe given weight in the trial by ordinary or reasonable means.
ISSUE 2. WON the collapse was due to force majeure - This implied warranty has given rise to the rule that - Where a patron of
WON petitioners acts are so tainted with negligence or recklessness as a theater or other place of public amusement is injured, and the thing that
to justify the denial of the petitioner's request for relief from accountability HELD caused the injury is wholly and exclusively under the control and
for the stolen money 1. NO management of the defendant, and the accident is such as in the
- there was no authoritative investigation conducted by impartial civil and ordinary course of events would not have happened if proper care had
HELD structural engineers on the cause of the collapse of the theater's ceiling, been exercised, its occurrence raises a presumption or permits of an
NO Jesus Lim Ong is not an engineer, He is a graduate of architecture from inference of negligence on the part of the defendant.
- This was undoubtedly a fortuitous event covered by the said provisions, the St. Louie University in Baguio City. It does not appear he has passed Disposition judgment is hereby rendered DENYING the instant petition
something that could not have been reasonably foreseen although it the government examination for architects. In fine, the ignorance of Mr. with costs against petitioner.
could have happened, and did. For most of us, all we can rely on is a Ong about the cause of the collapse of the ceiling of their theater cannot
reasoned conjecture of what might happen, based on common sense be equated, as an act, of God. To sustain that proposition is to introduce SERVANDO V PHILIPPINE STEAM NAVIGATION CO
and our own experiences, or our intuition, if you will, and without any sacrilege in our jurisprudence.
117 SCRA 832
mystic ability to peer into the future. So it was with the petitioner. 2. NO
- It is true that the petitioner miscalculated, but the Court feels he should - Petitioner's claim that the collapse of the ceiling of the theater's balcony ESCOLIN; 1982
not be blamed for that. The decision he made seemed logical at that time was due to force majeure is not even founded on facts because its own
and was one that could be expected of a reasonable and prudent person. witness, Mr. Jesus Lim Ong, admitted that "he could not give any reason NATURE
Disposition The petitioner is entitled to be relieved from accountability why the ceiling collapsed." Having interposed it as a defense, it had the This appeal, originally brought to the Court of Appeals, seeks to set aside
for the money forcibly taken from him. ACCORDINGLY, the petition is burden to prove that the collapse was indeed caused by force majeure. It the decision of the Court of First Instance of Negros Occidental in Civil
GRANTED. could not have collapsed without a cause. That Mr. Ong could not offer Cases Nos. 7354 and 7428, declaring appellant Philippine Steam
any explanation does not imply force majeure. Petitioner could have Navigation liable for damages for the loss of the appellees' cargoes as a
GOTESCO INVESTMENT CORPORATION V CHATTO easily discovered the cause of the collapse if indeed it were due to force result of a fire which gutted the Bureau of Customs' warehouse in
majeure. To Our mind, the real reason why Mr. Ong could not explain the Pulupandan, Negros Occidental.
210 SCRA 18
cause or reason is that either he did not actually conduct the investigation
DAVIDE JR; June 16, 1992 or that he is, as the respondent Court impliedly held, incompetent. He is FACTS
not an engineer, but an architect who had not even passed the - On November 6, 1963, appellees Clara Uy Bico and Amparo Servando
NATURE government's examination. Verily, post-incident investigation cannot be loaded on board the appellant's vessel for carriage from Manila to
Petition for Review considered as material to the present proceedings. What is significant is Pulupandan, Negros Occidental several cargoes (cavans of rice, colored
the finding of the trial court, affirmed by the respondent Court, that the papers, toys etc) as evidenced by the corresponding bills of lading issued
FACTS collapse was due to construction defects. There was no evidence offered by the appellant. Upon arrival of the vessel at Pulupandan, in the morning
- In the afternoon of June 4, 1982 Gloria E. Chatto, and her 15-year old to overturn this finding. The building was constructed barely four (4) of November 18, 1963, the cargoes were discharged, complete and in
daughter, Lina Delza E. Chatto went to see the movie "Mother Dear" at years prior to the accident in question. It was not shown that any of the good order, unto the warehouse of the Bureau of Customs. At about 2:00
Superama I theater, owned by defendant Gotesco Investment causes denominates as force majeure obtained immediately before or at in the afternoon of the same day, said warehouse was razed by a fire of
Corporation. They bought balcony tickets but even then were unable to the time of the collapse of the ceiling. Such defects could have been unknown origin, destroying appellees' cargoes. Before the fire, however,
find seats considering the number of people patronizing the movie. easily discovered if only petitioner exercised due diligence and care in appellee Uy Bico was able to take delivery of 907 cavans of rice
Hardly ten (10) minutes after entering the theater, the ceiling of its keeping and maintaining the premises. But as disclosed by the testimony Appellees' claims for the value of said goods were rejected by the
balcony collapsed. The theater was plunged into darkness and of Mr. Ong, there was no adequate inspection of the premises before the appellant.
pandemonium ensued. Shocked and hurt, plaintiffs managed to crawl date of the accident. His answers to the leading questions on inspection - On the bases of the foregoing facts, the lower court rendered a
under the fallen ceiling. As soon as they were able to get out to the street disclosed neither the exact dates of said. inspection nor the nature and decision, ordering Philippine Steam to pay for damages. The court a quo
they walked the nearby FEU Hospital where they were confined and extent of the same. That the structural designs and plans of the building held that the delivery of the shipment in question to the warehouse of the
treated for one (1) day. were duly approved by the City Engineer and the building permits and Bureau of Customs is not the delivery contemplated by Article 1736; and
- The next day, they transferred to the UST hospital. Plaintiff Gloria certificate of occupancy were issued do not at all prove that there were since the burning of the warehouse occurred before actual or
Chatto was treated in said hospital from June 5 to June 19 and plaintiff no defects in the construction, especially as regards the ceiling, constructive delivery of the goods to the appellees, the loss is chargeable
Lina Delza Chatto from June 5 to 11. Per Medico Legal Certificate (Exh, considering that no testimony was offered to prove that it was ever against the appellant.
"C") issued by Dr. Ernesto G. Brion, plaintiff Lina Delza Chatto suffered inspected at all. Philippine Steam on the other hand relies on the following:
the following injuries: - It is settled that - The owner or proprietor of a place of public Clause 14. Carrier shall not be responsible for loss or damage to
- Defendant tried to avoid liability by alleging that the collapse of the amusement impliedly warrants that the premises, appliances and shipments billed 'owner's risk' unless such loss or damage is due to
ceiling of its theater was done due to force majeure. It maintained that its amusement devices are safe for the purpose for which they are negligence of carrier. Nor shall carrier be responsible for loss or
theater did not suffer from any structural or construction defect. designed, the doctrine being subject to no other exception or qualification
torts & damages A2010 - 42 - prof. casis

damage caused by force majeure, dangers or accidents of the sea or must be independent of the human will; (2) it must be impossible to
other waters; war; public enemies; . . . fire . ... foresee the event which constitutes the 'caso fortuito', or if it can be FACTS
foreseen, it must be impossible to avoid; (3) the occurrence must be such - When the water level in the Angat dam went beyond the allowable limit
ISSUE as to render it impossible for the debtor to fulfill his obligation in a normal at the height of typhoon Kading NPC opened three of the dams spillways
WON the above stipulation validly limits the liability of the shipowner in manner; and (4) the obligor must be free from any participation in the to release the excess water in the dam. This however caused the
this case aggravation of the injury resulting to the creditor." In the case at bar, the inundation of the banks of the Angat river which caused persons and
burning of the customs warehouse was an extraordinary event which animals to drown and properties to be washed away.
HELD happened independently of the will of the appellant. The latter could not - The flooding was purportedly caused by the negligent release by the
YES have foreseen the event. defendants of water through the spillways of the Angst Dam
Ratio The parties may stipulate anything in the contract for so long as the - There is nothing in the record to show that appellant carrier ,incurred in (Hydroelectric Plant).
stipulation is not contrary to law, morals, public policy. The stipulation delay in the performance of its obligation. It appears that appellant had Plaintiffs claim:
which merely iterates the principle of caso fortuito is for all intents and not only notified appellees of the arrival of their shipment, but had - NPC operated and maintained a multi-purpose hydroelectric plant in the
purposes valid. demanded that the same be withdrawn. In fact, pursuant to such Angat River
Reasoning demand, appellee Uy Bico had taken delivery of 907 cavans of rice - despite the defendants' knowledge of the impending entry of typhoon
- We sustain the validity of the above stipulation; there is nothing therein before the burning of the warehouse. "Kading," they failed to exercise due diligence in monitoring the water
that is contrary to law, morals or public policy. Nor can the appellant or its employees be charged with negligence. The level at the dam
- Appellees would contend that the above stipulation does not bind them storage of the goods in the Customs warehouse pending withdrawal - when the said water level went beyond the maximum allowable limit at
because it was printed in fine letters on the back-of the bills of lading; and thereof by the appellees was undoubtedly made with their knowledge and the height of the typhoon, the defendants suddenly, negligently and
that they did not sign the same. This argument overlooks the consent. Since the warehouse belonged to and was maintained by the recklessly opened three (3) of the dam's spillways, thereby releasing a
pronouncement of this Court in Ong Yiu vs. Court of Appeals, government, it would be unfair to impute negligence to the appellant, the large amount of water which inundated the banks of the Angat River
promulgated June 29, 1979, 3 where the Court held that while it may be latter having no control whatsoever over the same. causing the death of members of the household of the plaintiffs, together
true that petitioner had not signed the plane ticket , he is nevertheless Disposition judgment appealed from is hereby set aside. with their animals
bound by the provisions thereof. 'Such provisions have been held to be a Respondents comments:
part of the contract of carriage, and valid and binding upon the passenger - NPC exercised due care, diligence and prudence in the operation and
SEPARATE OPINION
regardless of the latter's lack of knowledge or assent to the regulation'. It maintenance of the hydroelectric plant
is what is known as a contract of 'adhesion', in regards which it has been - NPC exercised the diligence of a good father in the selection of its
said that contracts of adhesion wherein one party imposes a ready made AQUINO [concur] employees
form of contract on the other, as the plane ticket in the case at bar, are - I concur. Under article 1738 of the Civil Code "the extraordinary liability - written notices were sent to the different municipalities of Bulacan
contracts not entirely prohibited. The one who adheres to the contract is of the common carrier continues to be operative even during the time the warning the residents therein about the impending release of a large
in reality free to reject it entirely; if he adheres, he gives his consent." goods are stored in the warehouse of the carrier at the place of volume of water with the onset of typhoon "Kading" and advising them to
(Tolentino, Civil Code, Vol. IV, 1962 Ed., p. 462, citing Mr. Justice J.B.L. destination, until the consignee has been advised of the arrival of the take the necessary Precautions
Reyes, Lawyer's Journal, Jan. 31, 1951, p. 49). goods and has had reasonable opportunity thereafter to remove them or - the water released during the typhoon was needed to prevent the
- Besides, the agreement contained in the above quoted Clause 14 is a otherwise dispose of them". collapse of the dam and avoid greater damage to people and property
mere iteration of the basic principle of law written in Article 1 1 7 4 of the - From the time the goods in question were deposited in the Bureau of - in spite of the precautions undertaken and the diligence exercised, they
Civil Code 4 Thus, where fortuitous event or force majeure is the Customs' warehouse in the morning of their arrival up to two o' clock in could still not contain or control the flood that resulted
immediate and proximate cause of the loss, the obligor is exempt from the afternoon of the same day, when the warehouse was burned, - the damages incurred by the private respondents were caused by a
liability for non-performance. The Partidas, the antecedent of Article 1174 Amparo C. Servando and Clara Uy Bico, the consignees, had reasonable fortuitous event or force majeure and are in the nature and character of
of the Civil Code, defines 'caso fortuito' as 'an event that takes place by opportunity to remove the goods. Clara had removed more than one-half damnum absque injuria.
accident and could not have been foreseen. Examples of this are of the rice consigned to her. Moreover, the shipping company had no ISSUES
destruction of houses, unexpected fire, shipwreck, violence of robbers.' more control and responsibility over the goods after they were deposited 1. WON NPC was guilty of negligence
- In its dissertation of the phrase 'caso fortuito' the Enciclopedia in the customs warehouse by the arrastre and stevedoring operator. No 2. WON (applying the ruling of NAkpil & Sons v. CA) NPC is liable given
Juridicada Espanola 5 says: "In a legal sense and, consequently, also in amount of extraordinary diligence on the part of the carrier could have that the inundation was caused by force majeure
relation to contracts, a 'caso fortuito' presents the following essential prevented the loss of the goods by fire which was of accidental origin.
characteristics: (1) the cause of the unforeseen and unexpected HELD
occurrence, or of the failure of the debtor to comply with his obligation, NATIONAL POWER CORP V CA (RAYO ET AL) 1. YES
- A similar case entitled National Power Corporation, et al. vs, Court of
DAVIDE JR; May 21, 1993
Appeals, et al.," involving the very same incident subject of the instant
4 Article 1174. Except in cases expressly specified by the law, or when it is otherwise declared by petition. The court there declared that the proximate cause of the loss
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be NATURE
and damage sustained by the plaintiffs therein--who were similarly
responsible for those events which could not be foreseen, or which, though foreseen, were Petition for review on certiorari under Rule 45 of the Revised Rules of
inevitable. Court
torts & damages A2010 - 43 - prof. casis

situated as the private respondents herein-was the negligence of the FACTS WON the damage on the roof of the building of private respondents
petitioners, - Private respondents are owners of a house at 326 College Road, Pasay resulting from the impact of the falling portions of the school buildings
- on the basis of its meticulous analysis and evaluation of the evidence a City, while petitioner owns a four-storey school building along the same roof ripped off by the strong winds of typhoon Saling, was, within legal
dduced by the parties in the cases subject of CA-G.R. CV Nos. 27290- College Road. On October 11, 1989, at about 6:30 in the morning, a contemplation, due to fortuitous event
93, public respondent found as conclusively established that indeed, the powerful typhoon Saling hit Metro Manila. Buffeted by very strong HELD
petitioners were guilty of "patent gross and evident lack of foresight, winds, the roof of petitioners building was partly ripped off and blown YES
imprudence and negligence in the management and operation of Angat away, landing on and destroying portions of the roofing of private - Petitioner cannot be held liable for the damages suffered by the private
Dam," and that "the extent of the opening of the spillways, and the respondents house. After the typhoon had passed, an ocular inspection respondents. This conclusion finds support in Article 1174 of the Civil
magnitude of the water released, are all but products of defendants- of the destroyed buildings was conducted by a team of engineers headed Code, which provides:
appellees headlessness, slovenliness, and carelessness."and that the 24 by the city building official, Engr. Jesus L. Reyna. Pertinent aspects of Art 1174. Except in cases expressly specified by the law, or when it
October 1978 'early warning notice" supposedly sent to the affected the latters Reporti[5] dated October 18, 1989 stated, as follows: is otherwise declared by stipulation, or when the nature of the
municipalities, the same notice involved in the case at bar, was 5. One of the factors that may have led to this calamitous event is obligation requires the assumption of risk, no person shall be
insufficient. the formation of the buildings in the area and the general direction of responsible for those events which could not be foreseen, or which,
2. YES the wind. Situated in the peripheral lot is an almost U-shaped though foreseen, were inevitable.
- given that NPC is guilty of negligence. Juan F. Nakipil & Sons vs. Court formation of 4-storey building. Thus, with the strong winds having a - The antecedent of fortuitous event or caso fortuito is found in the
of Appeals is still good law as far as the concurrent liability of an obligor westerly direction, the general formation of the buildings becomes a Partidas which defines it as an event which takes place by accident and
in the case of force majeure is concerned. big funnel-like structure, the one situated along College Road, could not have been foreseen. iii [9] Escriche elaborates it as an
- In the Nakpil case it was held that "To exempt the obligor from liability receiving the heaviest impact of the strong winds. Hence, there are unexpected event or act of God which could neither be foreseen nor
under Article 1174 of the Civil Code, for a breach of an obligation due to portions of the roofing, those located on both ends of the building, resisted. Civilist Arturo M. Tolentino adds that [f]ortuitous events may be
an 'act of God,' the following must concur: (a) the cause of the breach of which remained intact after the storm. produced by two general causes: (1) by nature, such as earthquakes,
the obligation must be independent of the will of the debtor, (b) the event 6. Another factor and perhaps the most likely reason for the storms, floods, epidemics, fires, etc. and (2) by the act of man, such as
must be either unforeseeable or unavoidable; (c) the event must be such dislodging of the roofings structural trusses is the improper anchorage an armed invasion, attack by bandits, governmental prohibitions, robbery,
as to render it impossible for the debtor to fulfill his obligation in a normal of the said trusses to the roof beams. The 1/2 diameter steel bars etc.iv
manner; and (d) the debtor must be free from any participation in, or embedded on the concrete roof beams which serve as truss - In order that a fortuitous event may exempt a person from liability, it is
aggravation of the injury to the creditor. Thus, if upon the happening of a anchorage are not bolted nor nailed to the trusses. Still, there are necessary that he be free from any previous negligence or misconduct by
fortuitous event or an act of God, there concurs a corresponding fraud, other steel bars which were not even bent to the trusses, thus, those reason of which the loss may have been occasioned.. An act of God
negligence, delay or violation or contravention in any manner of the tenor trusses are not anchored at all to the roof beams. cannot be invoked for the protection of a person who has been guilty of
of the obligation as provided for in Article 1170 of the Civil Code, which - It then recommended that to avoid any further loss and damage to gross negligence in not trying to forestall its possible adverse
results in loss or damage, the obligor cannot escape liability. lives, limbs and property of persons living in the vicinity, the fourth floor consequences. When a persons negligence concurs with an act of God
- The principle embodied in the act of God doctrine strictly requires that of subject school building be declared as a structural hazard. in producing damage or injury to another, such person is not exempt from
the act must be one occasioned exclusively by the violence of nature and - In their Complaint ii [6] before the Regional Trial Court of Pasay City, liability by showing that the immediate or proximate cause of the
all human agencies are, to be excluded from creating or entering into the Branch 117, for damages based on culpa aquiliana, private respondents damage or injury was a fortuitous event. When the effect is found to be
cause of the mischief. When the effect, the cause of which is to be alleged that the damage to their house rendered the same uninhabitable, partly the result of the participation of man whether it be from active
considered, is found to be in part the result of the participation of man forcing them to stay temporarily in others houses. And so they sought to intervention, or neglect, or failure to act the whole occurrence is hereby
whether it be from active intervention or neglect, or failure to act, the recover from petitioner P117,116.00, as actual damages, P1,000,000.00, humanized, and removed from the rules applicable to acts of God.
whole occurrence is thereby humanized, as it were, and removed from as moral damages, P300,000.00, as exemplary damages and - After a thorough study and evaluation of the evidence on record, this
the rules applicable to the acts of God. (1 Corpus Juris, pp. 1174-1175). P100,000.00, for and as attorneys fees; plus costs. Court believes otherwise, notwithstanding the general rule that factual
Disposition Petition dismissed. - In its Answer, petitioner averred that subject school building had findings by the trial court, especially when affirmed by the appellate court,
withstood several devastating typhoons and other calamities in the past, are binding and conclusive upon this Court. After a careful scrutiny of the
SOUTHEASTERN COLLEGE V CA without its roofing or any portion thereof giving way; that it has not been records and the pleadings submitted by the parties, we find exception to
remiss in its responsibility to see to it that said school building, which this rule and hold that the lower courts misappreciated the evidence
PURISIMA; July 10, 1998
houses school children, faculty members, and employees, is in tip-top proffered.
condition; and furthermore, typhoon Saling was an act of God and - There is no question that a typhoon or storm is a fortuitous event, a
NATURE therefore beyond human control such that petitioner cannot be natural occurrence which may be foreseen but is unavoidable despite
Petition for review seeking to set aside the Decision promulgated on July answerable for the damages wrought thereby, absent any negligence on any amount of foresight, diligence or care. In order to be exempt from
31, 1996, and Resolution dated September 12, 1996 of the Court of its part. liability arising from any adverse consequence engendered thereby, there
Appeals in Juanita de Jesus vda. de Dimaano, et al. vs. Southeastern - The Trial Court and the Court of Appeals gave credence to the ocular should have been no human participation amounting to a negligent act. In
College, Inc., which reduced the moral damages awarded below from inspection made by the city engineer. Thus, this appeal. other words, the person seeking exoneration from liability must not be
P1,000,000.00 to P200,000.00. The Resolution under attack denied guilty of negligence. Negligence, as commonly understood, is conduct
petitioners motion for reconsideration. ISSUES which naturally or reasonably creates undue risk or harm to others. It
torts & damages A2010 - 44 - prof. casis

may be the failure to observe that degree of care, precaution, and Appeal from judgment of CFI Iloilo caretaker's business to try to prevent the animal from causing injury or
vigilance which the circumstances justly demand,v[17] or the omission to damage to anyone, including himself. And being injured by the animal
do something which a prudent and reasonable man, guided by FACTS under those circumstances was one of the risks of the occupation which
considerations which ordinarily regulate the conduct of human affairs, - This is an action for damages arising from injury caused by an animal. he had voluntarily assumed and for which he must take the
would do. From these premises, we proceed to determine whether Loreto Afialda was the caretaker of the carabaos of spouses Hisole. consequences.
petitioner was negligent, such that if it were not, the damage caused to While tending the animals, he was gored by one of them and later died - On the other hand, if action is to be based on Art. 1902, it is essential
private respondents house could have been avoided? as consequence of his injuries. The action was filed by the sister of that there be fault or negligence on the part of the defendants as owners
- At the outset, it bears emphasizing that a person claiming damages for Loreto, and contended that the mishap was due neither to Loretos own of the animal that caused the damage. But the complaint contains no
the negligence of another has the burden of proving the existence of fault fault nor to force majeure. allegation on those points.
or negligence causative of his injury or loss. The facts constitutive of - She uses Art.1905, CC (now Art.21835) as ground for the liability: - In a decision of the Spanish SC, cited by Manresa, the death of an
negligence must be affirmatively established by competent evidence,vi[19] The possessor of an animal, or the one who uses the same, is liable employee who was bitten by a feline which his master had asked him to
not merely by presumptions and conclusions without basis in fact. for any damages it may cause, even if such animal should escape take to his establishment was by said tribunal declared to be a veritable
Private respondents, in establishing the culpability of petitioner, merely from him or stray away. accident of labor which should come under the labor laws rather than
relied on the aforementioned report submitted by a team which made an This liability shall cease only in case the damage should arise from under article 1905, CC. The present action, however, is not brought
ocular inspection of petitioners school building after the typhoon. As the force majeure or from the fault of the person who may have suffered under labor laws in effect, but under Art.1905.
term imparts, an ocular inspection is one by means of actual sight or it. Disposition Judgment AFFIRMED.
viewing.vii[20] What is visual to the eye though, is not always reflective of - Spouses moved for dismissal for lack of cause of action, which the CFI
the real cause behind. For instance, one who hears a gunshot and then granted. Hence, the appeal. ILOCOS NORTE ELECTRIC COMPANY V CA (LUIS ET
sees a wounded person, cannot always definitely conclude that a third ISSUE
AL)
person shot the victim. It could have been self-inflicted or caused WON the owner of the animal is liable when the damage is caused to its
accidentally by a stray bullet. The relationship of cause and effect must caretaker (as opposed to a stranger) 179 SCRA 5
be clearly shown. PARAS; November 6, 1989
- In the present case, other than the said ocular inspection, no HELD
investigation was conducted to determine the real cause of the partial 1. NO FACTS
unroofing of petitioners school building. Private respondents did not Ratio It was the caretaker's business to try to prevent the animal from - 5- 6AM June 29, 1967 - strong typhoon "Gening" in Ilocos Norte brought
even show that the plans, specifications and design of said school causing injury or damage to anyone, including himself. And being injured floods and heavy rain. Isabel Lao Juan, (Nana Belen) went to her store,
building were deficient and defective. Neither did they prove any by the animal under those circumstances was one of the risks of the Five Sisters Emporium, to look after the merchandise to see if they were
substantial deviation from the approved plans and specifications. Nor occupation which he had voluntarily assumed and for which he must take damaged. Wading in waist-deep flood, Juan suddenly screamed "Ay" and
did they conclusively establish that the construction of such building was the consequences. quickly sank into the water. Her companions, two girls (sales girlls)
basically flawed. Reasoning attempted to help, but were afraid because they saw an electric wire
- Moreover, the city building official, who has been in the city government - The lower court took the view that under the abovequoted provision of dangling from a post and moving in snake-like fashion in the water.
service since 1974, admitted in open court that no complaint regarding the CC, the owner of an animal is answerable only for damages caused Yabes, the son-in law, upon hearing the electrocution of his mother-in-
any defect on the same structure has ever been lodged before his office to a stranger, and that for damage caused to the caretaker of the animal law, passed by the City Hall of Laoag to request the police to ask Ilocos
prior to the institution of the case at bench. It is a matter of judicial notice the owner would be liable of fault under article 1902 only if he had been Norte Electric Company or INELCO to cut off the electric current. The
that typhoons are common occurrences in this country. If subject school negligent or at the same code. body was recovered about two meters from an electric post.
buildings roofing was not firmly anchored to its trusses, obviously, it - Claiming that the lower court was in error, plaintiff contends that art. - 4AM June 29, 1967- Engineer Juan, Power Plant Engineer of NPC at
could not have withstood long years and several typhoons even stronger 1905 does not distinguish between damage caused to a stranger and the Laoag Diesel-Electric Plant, noticed certain fluctuations in their
than Saling. damage caused to the caretaker and makes the owner liable whether or electric meter which indicated such abnormalities as grounded or short-
- In light of the foregoing, we find no clear and convincing evidence to not he has been negligent or at fault. circuited lines.
sustain the judgment of the appellate court. We thus hold that petitioner - The distinction (between stranger and caretaker) is important. For the - 6-6:30AM June 29, 1967- he set out of the Laoag NPC Compound on
has not been shown negligent or at fault regarding the construction and statute names the possessor or user of the animal as the person liable an inspection and saw grounded and disconnected lines. Electric lines
maintenance of its school building in question and that typhoon Saling for any damages it may cause and this for the obvious reason that the were hanging from the posts to the ground. When he went to INELCO
was the proximate cause of the damage suffered by private respondents possessor or user has the custody and control of the animal and is office, he could not see any INELCO lineman.
house. therefore the one in a position to prevent it from causing damage. - Engr. Juan attempted to resuscitate Nana Belen but his efforts proved
- In the present case, the animal was in the custody and under the control futile. Rigor mortis was setting in. On the left palm of the deceased, there
AFIALDA V HISOLE of the caretaker, who was paid for his work as such. Obviously, it was the was a hollow wound. In the afternoon, the dangling wire was no longer
there.
85 Phil 67
- Dr. Castro examined the body and noted that the skin was grayish or
REYES; November 29, 1949 5 Art. 2183. The possessor of an animal or whoever may make use of the same is responsible for cyanotic, which indicated death by electrocution. On the left palm, the
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 doctor found an "electrically charged wound" or a first degree burn. About
NATURE suffered damage.
torts & damages A2010 - 45 - prof. casis

the base of the thumb on the left hand was a burned wound. The cause Furthermore, the deceased, at the time the fatal incident occurred, was at - The petiton for appeal questioned the testimony of one Anasco with
of' death was ,'circulatory shock electrocution" a place where she had a right to be without regard to INELCOs consent regard the process and procedures followed by Pepsi in the hiring and
- In defense and exculpation, INELCO presented the testimonies of its as she was on her way to protect her merchandise. Hence, private supervision of its drivers. The SC ruled that the issue brought before it
officers and employees, which sought to prove that (1) on and even respondents, as heirs, may not be barred from recovering damages as a with regard the credibility of Anasco is one of fact and not of law. It went
before June 29, 1967 the electric service system of the INELCO in the result of the death caused by INELCOs negligence on to stay that the CA is a better judge of the facts.
whole franchise area did not suffer from any defect that might constitute a Reasoning
hazard to life and property. (2) The service lines and devices had been - INELCO can be exonerated from liability since typhoons and floods are ISSUE
newly-installed prior to the date in question. (3) Also, safety devices were fortuitous events. While it is true that typhoons and floods are considered WON Pepsi Cola is liable under the doctrine of vicarious liability
installed to prevent and avoid injuries to persons and damage to property Acts of God for which no person may be held responsible, it was not said
in case of natural calamities such as floods, typhoons, fire and others. (4) eventuality which directly caused the victim's death. It was through the HELD
12 linesmen are charged with the duty of making a round-the-clock intervention of petitioner's negligence that death took place. NO
check-up of the areas respectively assigned to them. (5) They also - In times of calamities such as the one which occurred in Laoag City on - The Court ruled that based on the evidence and testimonies presented
presented own medical expert and said that cyanosis could not have the night of June 28 until the early hours of June 29, 1967, extraordinary during the trial, Pepsi Cola exercised the due diligence of a good father in
been the noted 3 hours after the death because it is only manifest in live diligence requires a supplier of electricity to be in constant vigil to prevent the hiring and supervision of its drivers. This being the case, the
persons. (6) Lastly, the deceased could have died simply either by or avoid any probable incident that might imperil life or limb. The Company is relieved of any responsibility from the accident.
drowning or by electrocution due to negligence attributable only to herself evidence does not show that defendant did that. On the contrary, Reasoning
and not to INELCO because of the installation of a burglar deterrent by evidence discloses that there were no men (linemen or otherwise) - In its ruling, the court citing its ruling on Bahia as follows:
connecting a wire from the main house to the iron gate and fence of steel policing the area, nor even manning its office. From this article (2180) two things are apparent:
matting, thus, charging the latter with electric current whenever the switch - INELCO was negligent in seeing that no harm is done to the general (1) that when an injury is caused by the negligence of a servant or
is on. The switch must have been left on, hence, causing the deceased's public"... considering that electricity is an agency, subtle and deadly, the employee there instantly arise a presumption of law that there was
electrocution when she tried to open her gate that early morning of June measure of care required of electric companies must be commensurate negligence on the part of the employer or master either n the
29, 1967 with or proportionate to the danger. The duty of exercising this high selection of the servant or employee, or in the supervision over
- CFI: awarded P25,000 moral damages; P45,000 attys fees degree of diligence and care extends to every place where persons have him after the selection, or both, and
- CA: P30,229.45 in actual damages (i.e., P12,000 for the victim's death a right to be" The negligence of petitioner having been shown, it may not (2) that they presumption is juris tantum ( so much or so little of law)
and P18,229.45 for funeral expenses); P50,000 in compensatory now absolve itself from liability by arguing that the victim's death was and not juris et de jure (of law and from law), and
damages, computed in accordance with the formula set in the Villa-Rey solely due to a fortuitous event. "When an act of God combines or consequently may be rebutted .
Transit case (31 SCRA 511) with the base of P15,000 as average annual concurs with the negligence of the defendant to produce an injury, the - It follows necessarily that if the employer shows to the satisfaction of the
income of the deceased; P10,000 in exemplary damages; P3,000 defendant is liable if the injury would not have resulted but for his own court that in the selection and supervision he has exercised the care and
attorney's fees negligent conduct or omission" diligence of a good father of the family, the presumption is overcome and
Disposition CA decision, except for the slight modification that actual he is relieved from liability.
ISSUE damages be increased to P48,229.45, is AFFIRMED. - It was shown in this case that Pesi Cola did not merely satisfy itself that
WON the legal principle of "assumption of risk" bars private respondents Bonifacio possessed a drivers license. A background check was done
from collecting damages from INELCO and he was required to submit various clearances, previous experience,
RAMOS V PEPSI COLA
and medical records. He was also made to undergo both theoretical and
HELD 19 SCRA 289 practical driving tests prior to being hired as driver. In terms of the aspect
NO 1967 of supervision, the petitioners raised no questions. Given this, the proof
Ratio The maxim "volenti non fit injuria" relied upon by petitioner finds no called for under Article 2180 to show diligence of a good father of a family
application in the case at bar. It is imperative to note the surrounding NATURE has been met.
circumstances which impelled the deceased to leave the comforts of a Appeal from a CA decision Disposition Decision of the CA is affirmed.
roof and brave the subsiding typhoon. As testified by the salesgirls, the
deceased went to the Five Star Emporium "to see to it that the goods FACTS METRO MANILA TRANSIT CORP V CA (CUSTODIA)
were not flooded." As such, shall We punish her for exercising her right to - The facts with regard the accident that Andres Bonifacio caused is not
223 SCRA 521
protect her property from the floods by imputing upon her the unfavorable in the case. The Court limited its ruling on the decision of the CA to
presumption that she assumed the risk of personal injury? Definitely not. absolve defendant Pepsi Cola from liability under Article 21806 of the Civil REGALADO; June 21, 1993
For it has been held that a person is excused from the force of the rule, Code. There was, however, a finding that Bonifacio was in fact negligent.
that when he voluntarily assents to a known danger he must abide by the
consequences, if an emergency is found to exist or if the life or property Employers shall be liable for the damages caused by their employees and household helpers
of another is in peril, or when he seeks to rescue his endangered acting within the scope of their assigned tasks, even though the former are not engaged in any
property. Clearly, an emergency was at hand as the deceased's property, business or industry.
6Art. 2180. The obligation imposed by Article 2176 is demandable not only for ones own acts or
a source of her livelihood, was faced with an impending loss. omissions, but also for those of persons for whom one is responsible, The responsibility treated of 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.
torts & damages A2010 - 46 - prof. casis

FACTS tests and examinations preparatory to actual employment, and that said - Their statements strike us as both presumptuous and in the nature of
- At about six o'clock in the morning of August 28, 1979, plaintiff-appellant positive testimonies spell out the rigid procedure for screening of job petitio principii, couched in generalities and shorn of any supporting
Nenita Custodio boarded as a paying passenger a public utility jeepney, applicants and the supervision of its employees in the field evidence to boost their verity.
then driven by defendant Agudo Calebag and owned by his co-defendant 2. WON petitioner exercised due diligence in the selection and - The case at bar is clearly within the coverage of Article 2176 and 2177,
Victorino Lamayo, bound for her work, where she then worked as a supervision of its employees in relation to Article 2180, of the Civil Code provisions on quasi-delicts as
machine operator earning P16.25 a day. all the elements thereof are present, to wit: (1) damages suffered by the
- While the jeepney was travelling at a fast clip along DBP Avenue, HELD plaintiff, (2) fault or negligence of the defendant or some other person for
Bicutan, Taguig, another fast moving vehicle, a Metro Manila Transit 1. While there is no rule which requires that testimonial evidence, to hold whose act he must respond, and (3) the connection of cause and effect
Corp. (MMTC) bus driven by defendant Godofredo C. Leonardo was sway, must be corroborated by documentary evidence, or even subject between fault or negligence of the defendant and the damages incurred
negotiating Honeydew Road, Bicutan, Taguig, Metro Manila bound for its evidence for that matter, inasmuch as the witnesses' testimonies dwelt on by plaintiff. It is to be noted that petitioner was originally sued as
terminal at Bicutan. mere generalities, we cannot consider the same as sufficiently employer of driver Leonardo under Article 2180.
- As both vehicles approached the intersection of DBP Avenue and persuasive proof that there was observance of due diligence in the - Article 2180 applicable only where there is an employer-employee
Honeydew Road they failed to slow down and slacken their speed; selection and supervision of employees. relationship, although it is not necessary that the employer be engaged in
neither did they blow their horns to warn approaching vehicles. As a - Petitioner's attempt to prove its diligentissimi patris familias in the business or industry. Employer is liable for torts committed by his
consequence, a collision between them occurred, the passenger jeepney selection and supervision of employees through oral evidence must fail employees within the scope of their assigned tasks. But, it is necessary
ramming the left side portion of the MMTC bus. The collision impact as it was unable to buttress the same with any other evidence, object or first to establish the employment relationship. Once this is done, the
caused plaintiff-appellant Nenita Custodio to hit the front windshield of documentary, which might obviate the apparent biased nature of the plaintiff must show, to hold the employer liable, that the employee was
the passenger jeepney and (she) was thrown out therefrom, falling onto testimony. acting within the scope of his assigned task when the tort complained of
the pavement unconscious with serious physical injuries. - It is procedurally required for each party in a case to prove his own was committed. It is only then that the defendant, as employer, may find
- She was brought to the Medical City Hospital where she regained affirmative assertion by the degree of evidence required by law. The it necessary to interpose the defense of due diligence in the selection and
consciousness only after one (1) week. Thereat, she was confined for party, whether plaintiff or defendant, who asserts the affirmative of the supervision of employees. The diligence of a good father of a family
twenty-four (24) days, and as a consequence, she was unable to work for issue has the burden of presenting at the trial such amount of evidence required to be observed by employers to prevent damages under Article
three and one half months (31/2). required by law to obtain a favorable judgment. It is entirely within each of 2180 refers to due diligence in the selection and supervision of
- A complaint for damages was filed by herein private respondent, who the parties discretion, consonant with the theory of the case it or he employees in order to protect the public.
being then a minor was assisted by her parents, against all of therein seeks to advance and subject to such procedural strategy followed - With the allegation and subsequent proof of negligence against the
named defendants following their refusal to pay the expenses incurred by thereby, to present all available evidence at its or his disposal in the defendant driver and of an employer-employee relation between him and
the former as a result of the collision. manner which may be deemed necessary and beneficial to prove its or his co-defendant MMTC in this instance, the case in undoubtedly based
- Said defendants denied all the material allegations in the complaint and his position, provided only that the same shall measure up to the on a quasi-delict under Article 2180. When the employee causes
pointed an accusing finger at each other as being the party at fault. quantum of evidence required by law. In making proof in its or his case, it damage due to his own negligence while performing his own duties, there
Further, herein petitioner MMTC, a government-owned corporation and is paramount that the best and most complete evidence be formally arises the juris tantum presumption that the employer is negligent,
one of the defendants in the court a quo, along with its driver, Godofredo entered. rebuttable only by proof of observance of the diligence of a good father of
Leonardo, contrarily averred in its answer with cross-claim and - Whether or not the diligence of a good father of a family has been a family. For failure to rebut such legal presumption of negligence in the
counterclaim that the MMTC bus was driven in a prudent and careful observed by petitioner is a matter of proof which under the circumstances selection and supervision of employees, the employer is likewise
manner by driver Leonardo and that it was the passenger jeepney which in the case at bar has not been clearly established. It is not felt by the responsible for damages, the basis of the liability being the relationship of
was driven recklessly considering that it hit the left middle portion of the Court that there is enough evidence on record as would overturn the pater familias or on the employer's own negligence.
MMTC bus, and that it was defendant Lamayo, the owner of the jeepney presumption of negligence, and for failure to submit all evidence within its - Due diligence in the supervision of employees includes the formulation
and employer of driver Calebag, who failed to exercise due diligence in control, assuming the putative existence thereof, petitioner MMTC must of suitable rules and regulations for the guidance of employees and the
the selection and supervision of employees and should thus be held suffer the consequences of its own inaction and indifference. issuance of proper instructions intended for the protection of the public
solidarily liable for damages caused to the MMTC bus through the fault 2. In any event, we do not find the evidence presented by petitioner and persons with whom the employer has relations through his or its
and negligence of its employees. sufficiently convincing to prove the diligence of a good father of a family, employees and the imposition of necessary disciplinary measures upon
- Defendant Victorino Lamayo alleged that the damages suffered by which for an employer doctrinally translates into its observance of due employees in case of breach or as may be warranted to ensure the
therein plaintiff should be borne by defendants MMTC and its driver, diligence in the selection and supervision of its employees but which performance of acts indispensable to the business of and beneficial to
Godofredo Leonardo, because the latter's negligence was the sole and mandate, to use an oft-quoted phrase, is more often honored in the their employer.
proximate cause of the accident and that MMTC failed to exercise due breach than in the observance. - In order that the defense of due diligence in the selection and
diligence in the selection and supervision of its employees. - Petitioner attempted to essay in detail the company's procedure for supervision of employees may be deemed sufficient and plausible, it is
screening job applicants and supervising its employees in the field, not enough to emptily invoke the existence of said company guidelines
ISSUES through the testimonies of Milagros Garbo, as its training officer, and and policies on hiring and supervision. As the negligence of the
1. WON the oral testimonies of witnesses even without the presentation Christian Bautista, as its transport supervisor, both of whom naturally and employee gives rise to the presumption of negligence on the part of the
documentary evidence, prove that driver Leonardo had complied with all expectedly testified for MMTC. employer, the latter has the burden of proving that it has been diligent not
the hiring and clearance requirements and had undergone all trainings,
torts & damages A2010 - 47 - prof. casis

only in the selection of employees but also in the actual supervision of YES - March 25, 1977 the Monetary Board of the Central Bank issued a
their work. - Under A1146 CC, an action based upon a quasi-delict must be resolution forbidding GENBANK from doing business in the Phil. It was
- Finally, we believe that respondent court acted in the exercise of sound instituted within four (4) years. The prescriptive period begins from the followed by another resolution ordering the liquidation of GENBANK.
discretion when it affirmed the trial court's award, without requiring the day the quasi-delict is committed. In Paulan vs. Sarabia, this Court ruled - In the Memorandum of Agreement between Allied Banking Corp (Allied)
payment of interest thereon as an item of damages just because of delay that in an action for damages arising from the collision of two (2) trucks, and Amulfo Aurellano as liquidator of GENBANK, Allied acquired all the
in the determination thereof, especially since private respondent did not the action being based on a quasi-delict, the four (4) year prescriptive assets and assumed the liabilityies of GENBANK, including the
specifically pray therefor in her complaint. Article 2211 of the Civil Code period must be counted from the day of the collision. receivable due from Yujuico.
provides that in quasi-delicts, interest as a part of the damages may be - In Espanol vs. Chairman, Philippine Veterans Administration, this Court - Yujuico failed to comply with his obligation prompting Allied to file a
awarded in the discretion of the court, and not as a matter of right. held: The right of action accrues when there exists a cause of action, complaint for the collection of a sum of money before the CFI Manila
which consists of 3 elements, namely: a) a right in favor of the plaintiff by (now RTC).
KRAMER VS CA (TRANS-ASIA SHIPPING LINES) whatever means and under whatever law it arises or is created; b) an - First case: CA affirmed RTC decision in a special proceeding finding
obligation on the part of defendant to respect such right; and c) an act or that the liquidation of GENBANK was made in bad faith. This decision
178 SCRA 289
omission on the part of such defendant violative of the right of the plaintiff declared as null and void the liquidation of GENBANK. It was then that
GANCAYCO; October 13, 1989 ... It is only when the last element occurs or takes place that it can be Yujuico filed the third party complaint to transfer liability for the default
said in law that a cause of action has arisen. From the foregoing ruling, it imputed against him by the petitioner to the proposed third-party 7
FACTS is clear that the prescriptive period must be counted when the last defendants because of their tortious acts which prevented him from
- The F/B Marjolea, a fishing boat owned by Ernesto Kramer, Jr. and element occurs or takes place, that is, the time of the commission of an performing his obligations.
Marta Kramer, was navigating its way from Marinduque to Manila. act or omission violative of the right of the plaintiff, which is the time when - Second and current proceeding (1987) Yujuico filed a motion to admit
Somewhere near Maricabon Island and Cape Santiago, the boat figured the cause of action arises. It is therefore clear that in this action for Ammended/Supplemental Answer and a Third Party Complaint to impead
in a collision with an inter-island vessel, the M/V Asia Philippines owned damages arising from the collision of 2 vessels the 4 year prescriptive the Central Bank and Aurellano as third-party defendants. The complaint
byTrans-Asia Shipping Lines, Inc. As a consequence of the collision, the period must be counted from the day of the collision. The aggrieved party alleged that by reason of the tortuous interference by the CB with the
F/B Marjolea sank, taking with it its fish catch. need not wait for a determination by an administrative body like a Board affairs of GENBANK, he was prevented from performing his obligation
- The Board concluded that the loss of the F/B Marjolea and its fish catch of Marine Inquiry, that the collision was caused by the fault or negligence such that he should not be held liable thereon. RTC Judge Mintu denied
was due to the negligence of the employees of Trans-Asia. The Kramers of the other party before he can file an action for damages. Immediately the third-party complaint but admitted the amended/supplemental
instituted a Complaint for damages against the private respondent before after the collision the aggrieved party can seek relief from the courts by answer. The case was re-raffled where presiding Judge Panis reiterated
Branch 117 of the Regional Trial Court in Pasay City. Trans-Asia filed a alleging such negligence or fault of the owners, agents or personnel of the order made by Judge Mintu. Both parties filed for motions of partial
motion seeking the dismissal of the Complaint on the ground of the other vessel. Thus, the respondent court correctly found that the reconsideration, which were both denied.
prescription. He argued that under Article 1146 of the Civil Code, the action of petitioner has prescribed. The collision occurred on April 8, - CA, in a petition for certiorari questioning the denied motions, rendered
prescriptive period for instituting a Complaint for damages arising from a 1976. The complaint for damages was filed in court only on May 30, 1 a decision nullifying the RTC order. The RTC judge was found to be in
quasi-delict like a maritime collision is four years. He maintained that the 985, was beyond the 4 year prescriptive period. grave abuse of discretion and was ordered to admit the third-party
petitioners should have filed their Complaint within four years from the Disposition petition is dismissed. complaint.
date when their cause of action accrued, i.e., from April 8, 1976 when the - Petitioner claims that the cause of action alleged in the third-party
maritime collision took place, and that accordingly, the Complaint filed on ALLIED BANKING V CA (YUJUICO) complaint has already prescribed. Being founded on what was termed as
May 30, 1985 was instituted beyond the four-year prescriptive period. "tortious interference," petitioner asserts that under the CC on quasi-
178 SCRA 526
Petitioners claim: delict" the action against third-party defendants should have been filed
- that maritime collisions have peculiarities and characteristics which only GANCAYCO; October 13, 1989 within four (4) years from the date the cause of action accrued. On the
persons with special skill, training and experience like the members of theory that the cause of action accrued on March 25, 1977, the date
the Board of Marine Inquiry can properly analyze and resolve NATURE when the Monetary Board ordered GENBANK to desist from doing
- that the running of the prescriptive period was tolled by the filing of the Petition seeking the reversal of the decision of CA in "Joselito Z. Yujuico business in the Philippines, petitioner maintains that the claim should
marine protest and that their cause of action accrued only on April 29, vs. Hon. Domingo D. Panis, RTC Judge of Manila and Allied Banking have been filed at the latest on March 25, 1981. On the other hand,
1982, the date when the Decision ascertaining the negligence of the crew Corp.,"1 and the resolution denying petitioner's motion for private respondent relies on the "Doctrine of Relations" or "Relations
of the M/V Asia Philippines had become final, and that the four-year reconsideration of the said decision. Back Doctrine" to support his claim that the cause of action as against
prescriptive period under Article 1146 of the Civil Code should be the proposed third-party defendant accrued only on December 12,1986
computed from the said date. FACTS when the decision in CA (first case)became final and executory. It is
- Mar 25, 1977 - Respondent Yujuico, a ranking officer in General Bank
ISSUE and Trust Company (GENBANK) and a member of the family owning
control of the said bank, obtained a loan from the said institution in the 7A third-party complaint is a procedural device whereby a "third-party" who is neither a party nor
WON a Complaint for damages instituted by the petitioners against the privy to the act or deed complained of by the plaintiff, may be brought into the case with leave of
private respondent arising from a marine collision is barred by presciption amount of 500K. Private respondent issued a promissory note in favor of court, by the defendant, who acts as third-party plaintiff to enforce against such third-party
GENBANK. defendant a right for contribution, indemnity, subrogation or any other relief, in respect of the
plaintiffs claim. The third party complaint is independent of, separate and distinct from the
HELD plaintiffs complaint.
torts & damages A2010 - 48 - prof. casis

contended that while the third party complaint was filed only on June on June 17, 1987, consequently, the action has prescribed. The third response to the call for help, made not only by the passengers, but most
17,1987, it must be deemed to have been instituted on February 7, 1979 party complaint should not be admitted. probably, by the driver and the conductor themselves, and that because it
when the complaint in the case was filed. Disposition petition is GRANTED. The decision of CA denying the was very dark (about 2:30 in the morning), the rescuers had to carry a
motion for reconsideration filed by petitioner are hereby reversed and set light with them; and coming as they did from a rural area where lanterns
ISSUE aside and declared null and void, and another judgment is hereby and flashlights were not available, they had to use a torch, the most
1. WON there was ground to admit the third-party complaint rendered sustaining the orders of the RTC denying the admission of the handy and available; and what was more natural than that said rescuers
2. WON the cause of action under the third-party complaint prescribed third party complaint should innocently approach the overturned vehicle to extend the aid and
effect the rescue requested from them. In other words, the coming of the
HELD men with the torch was to be expected and was a natural sequence of
1. YES CAUSATION the overturning of the bus, the trapping of some of its passengers and the
- The first instance is allowable and should be allowed if it will help in call for outside help. What is more, the burning of the bus can also in part
clarifying in a single proceeding the multifarious issues involved arising be attributed to the negligence of the carrier, through its driver and its
BATACLAN V MEDINA
from a single transaction. conductor. According to the witnesses, the driver and the conductor were
- The judgment of the CA in its first decision is the substantive basis of 102 PHIL 181 on the road walking back and forth. They, or at least, the driver should
private respondent's proposed third-party complaint. There is merit in MONTEMAYOR; October 22, 1957 and must have known that in the position in which the overturned bus
private respondent's position that if held liable on the promissory note, was, gasoline could and must have leaked from the gasoline tank and
they are seeking, by means of the third-party complaint, to transfer unto FACTS soaked the area in and around the bus, this aside from the fact that
the third-party defendants liability on the note by reason of the illegal - Juan Bataclan rode Bus No. 30 of the Medina Transportation, driven by gasoline when spilled, specially over a large area, can be smelt and
liquidation of GENBANK which was the basis for the assignment of the Saylon, shortly after midnight. While the bus was running very fast on a detected -even from a distance, and yet neither the driver nor the
promissory note. If there was any confusion at all on the ground/s alleged highway, one of the front tires burst. The bus fell into a canal and turned conductor would appear to have cautioned or taken steps to warn the
in the third-party complaint, it was the claim of third-party plaintiff for other turtle. Four passengers could not get out, including Bataclan. It appeared rescuers not to bring the lighted torch too near the bus.
damages in addition to any amount which he may be called upon to pay that gasoline began to leak from the overturned bus. Ten men came to -(I guess this case says, if not for the overturning of the bus then the
under the original complaint. While these allegations in the proposed help. One of them carried a torch and when he approached the bus, a leak and the fire wouldnt have happened)
third-party complaint may cause delay in the disposition of the main suit, fierce fire started, burning the four passengers trapped inside.
it cannot be outrightly asserted that it would not serve any purpose. - The trial court was of the opinion that the proximate cause of the death FERNANDO V CA (City of Davao)
- The tests to determine whether the claim for indemnity in a third-party of Bataclan was not the overturning of the bus, but rather, the fire that
208 SCRA 714
claim is "in respect of plaintiff 's claim" are: (a) whether it arises out of the burned the bus, including himself and his co-passengers who were
same transaction on which the plaintiff's claim is based, or whether the unable to leave it; that at the time the fire started, Bataclan, though he MEDIALDEA; May 8, 1992
third-party's claim, although arising out of another or different contract or must have suffered physical injuries, perhaps serious, was still alive, and
transaction, is connected with the plaintiffs claim; (b) whether the third- so damages were awarded, not for his death, but for the physical injuries NATURE
party defendant would be liable to the plaintiff or to the defendant for all suffered by him. Petition for review on certiorari
or part of the plaintiffs claim against the original defendant, although the
third-party defendant's liability arises out of another transaction; or (c) ISSUES FACTS
whether the third-party defendant may assert any defense which the What is the proximate cause of death of the four passengers? - Bibiano Morta, market master of the Agdao Public Market filed a
third-party plaintiff has, or may have against plaintiffs claim. (Capayas v requisition request with the Chief of Property for the re-emptying of the
CFI Albay) HELD septic tank of Agdao. Invitations to bid for cleaning out the tanks were
The claim of third-party plaintiff, private respondent herein, can be The proximate cause of death is the overturning of the bus. issued, which was won by Bascon. However, before the date they were
accommodated under tests (a) and (b) abovementioned. - see definition of proximate cause under A1 to work, one of the bidders, Bertulano, and four other companions
2. YES - It may be that ordinarily, when a passenger bus overturns, and pins including an Alberto Fernando were found dead inside the septic tank.
- The action for damages instituted by private respondent arising from the down a passenger, merely causing him physical injuries, "If through some The City Engineers office, upon investigation, found that the men
quasidelict or alleged "tortious interference" should be filed within four 4 event, unexpected and extraordinary, the overturned bus is set on fire, entered without clearance or consent of the market master. They
years from the day the cause of action accrued. say, by lightning, or if some highwaymen after looting the vehicle sets it apparently did the re-emptying as the tank was nearly empty. The
- It is from the date of the act or omission violative of the right of a party on fire, and the passenger is burned to death, one might still contend that autopsy showed that the victims died of asphyxia caused by lack of
when the cause of action arises and it is from this date that the the proximate cause of his death was the fire and not the overturning of oxygen supply in the body. Their lungs had burst due to their intake of
prescriptive period must be reckoned. (Espaol vs. Chairman, Philippine the vehicle. But in the present case and under the circumstances toxic sulfide gas produced from the waste matter in said tank.
Veterans Admistration) obtaining in the same, we do not hesitate to hold that the proximate *Di nakalagay sa case, pero mukhang kinasuhan ni Sofia Fernando yung
- While the third party complaint in this case may be admitted as above cause of the death of Bataclan was the overturning of the bus, this for the Davao City for negligence in a previous case dahil namatay yung asawa
discussed, since the cause of action accrued on March 25, 1980 when reason that when the vehicle turned not only on 'Its side but completely nya
the Monetary Board ordered the GENBANK to desist from doing on its back, the leaking of the gasoline from the tank was not unnatural or - Upon dismissal of the case by the TC, petitioners appealed to then IAC
business in the Philippines while the third party complaint was filed only unexpected; that the coming of the men with a lighted torch was in (now CA) which set aside the judgment and rendered a new one,
torts & damages A2010 - 49 - prof. casis

granting the families of the deceased men P30k each in compensatory which there could have been no accident, and those acts of the victim not with tetanus when after two weeks he returned to his farm and tended his
damages, P20k each as moral damages and P10k for attorneys fees. entering into it, independent of it, but contributing to his own proper hurt. tobacco plants with his bare hands exposing the wound to harmful
- Both parties filed their separate MFRs; the CA rendered an amended - A toxic gas leakage could only have happened by opening the tanks elements like tetanus germs.
decision granting Davao Citys MFR, dismissing the case. Hence this cover. The accident is thus of the victims own doingan ordinarily ISSUE
petition. prudent person should be aware of the attended risks of cleaning out the WON there was an efficient intervening cause from the time Javier was
tank. This was especially true for the victim, Bertulano, since he was an wounded until his death which would exculpate Urbano from any liability
ISSUES old hand to septic services and is expected to know the hazards of the for Javier's death
1. WON Davao City is guilty of negligence job. The victims failure to take precautionary measures for their safety HELD
2. WON such negligence is the proximate cause of the deaths of the was the proximate cause of the accident. YES.
victims - When a person holds himself out as being competent to do things - The case involves the application of Article 4 of the Revised Penal
requiring professional skill, he will be held liable for negligence if he fails Code which provides that "Criminal liability shall be incurred: (1) By any
HELD to exhibit the care and skill required in what he attempts to do. As the CA person committing a felony (delito) although the wrongful act done be
1. NO observed, the victims would not have died, had they not opened the tank different from that which he intended ..." Pursuant to this provision "an
- Although public respondent had been remiss in its duty to re-empty the which they were not authorized to open in the first place. They find it accused is criminally responsible for acts committed by him in violation of
tank annually (for almost 20 years), such negligence was not a continuing illogical that the septic tank which had been around since the 50s would law and for all the natural and logical consequences resulting therefrom."
one. Upon learning from the market master about the need to clean said be the proximate cause of an accident which occurred only 20 years - The record is clear that - The evidence on record does not clearly
tank, it immediately responded by issuing invitations to bid for such later, especially since no other deaths or injuries related to the tank had show that the wound inflicted by Urbano was infected with tetanus at the
service. Public respondent lost no time in taking up remedial measures to ever occurred. time of the infliction of the wound. The evidence merely confirms that the
meet the situation. Also, public respondents failure to empty the tank had Disposition amended decision of the CA is AFFIRMED wound, which was already healing at the time Javier suffered the
not caused any sanitary accidents despite its proximity to several homes symptoms of the fatal ailment, somehow got infected with tetanus
and the public market as it was covered in lead and was air-tight. In fact, URBANO V IAC However, as to when the wound was infected is not clear from the record.
the public toilet connected to it was used several times daily all those - PROXIMATE CAUSE "that cause, which, in natural and continuous
157 SCRA 1
years, and all those people have remained unscathed which is ironically sequence, unbroken by any efficient intervening cause, produces the
evidenced by the petitioners witnesses. The only indication that the tank GUTIERREZ JR; January 7, 1988 injury, and without which the result would not have occurred."And more
was full was when water began to leak, and even then no reports of comprehensively, "the proximate legal cause is that acting first and
casualties from gas poising emerged. NATURE producing the injury, either immediately or by setting other events in
- Petitioners in fussing over the lack of ventilation in the tanks backfired Petition to review the decision of the then IAC motion, all constituting a natural and continuous chain of events, each
as their witnesses were no experts. Neither did they present competent having a close causal connection with its immediate predecessor, the
evidence to corroborate their testimonies and rebut the city government FACTS final event in the chain immediately effecting the injury as a natural and
engineer Alindadas testimony that safety requirements for the tank had ON oct. 23, 1980, Marcelo Javier was hacked by the Filomeno Urbano probable result of the cause which first acted, under such circumstances
been complied with. using a bolo. As a result of which, Javier suffered a 2-inch incised wound that the person responsible for the first event should, as an ordinarily
- The Court also does not agree with petitioners contention that warning on his right palm. prudent and intelligent person, have reasonable ground to expect at the
signs of noxious gas should be placed around the area of the toilets and On November 14, 1981, which was the 22nd day after the incident, Javier moment of his act or default that an injury to some person might probably
septic tank. As defined in Art 694 of the NCC, they are not nuisances per was rushed to the hospital in a very serious condition. When admitted to result therefrom."
se which would necessitate warning signs for the protection of the public. the hospital, Javier had lockjaw and was having convulsions. Dr. - The incubation period of tetanus, i.e., the time between injury and the
- Petitioners contention that the market master should have been Edmundo Exconde who personally attended to Javier found that the appearance of unmistakable symptoms, ranges from 2 to 56 days.
supervising the area of the tank is also untenable. Work on the tank was latter's serious condition was caused by tetanus toxin. He noticed the However, over 80 percent of patients become symptomatic within 14
still forthcoming since the awarding to the winning bidder was yet to be presence of a healing wound in Javier's palm which could have been days. A short incubation period indicates severe disease, and when
made by the Committee on Awardshence, there was nothing to infected by tetanus. On November 15, 1980, Javier died in the hospital. symptoms occur within 2 or 3 days of injury the mortality rate approaches
supervise. - In an information, Urbano was charged with the crime of homicide 100 percent.
2. NO before the then Circuit Criminal Court of Dagupan City. - Non-specific premonitory symptoms such as restlessness, irritability,
- Proximate cause is defined as that cause which in natural and - The trial court found Urbano guilty as charged. The lower courts held and headache are encountered occasionally, but the commonest
continuous sequence unbroken by any efficient intervening cause, that Javier's death was the natural and logical consequence of Urbano's presenting complaints are pain and stiffness in the jaw, abdomen, or
produces the injury, and without which the result would not have unlawful act. He was sentenced accordingly. back and difficulty swallowing. As the progresses, stiffness gives way to
occurred. To be entitled to damages, one must prove under Art 2179 of - The then IAC affirmed the conviction of Urbano on appeal. rigidity, and patients often complain of difficulty opening their mouths. In
the NCC that the defendants negligence was the proximate cause of the - Appellant alleges that the proximate cause of the victim's death was due fact, trismus in the commonest manifestation of tetanus and is
injury. A test for such a relationship is given in Taylor v Manila Electric to his own negligence in going back to work without his wound being responsible for the familiar descriptive name of lockjaw. As more muscles
Railroad and Light Co. which states that a distinction must be made properly healed, and that he went to catch fish in dirty irrigation canals in are involved, rigidity becomes generalized, and sustained contractions
between the accident and the injury, between the event itself, without the first week of November, 1980. He states that the proximate cause of called risus sardonicus. The intensity and sequence of muscle
the death of Marcelo Javier was due to his own negligence, that Dr. involvement is quite variable. In a small proportion of patients, only local
Mario Meneses found no tetanus in the injury, and that Javier got infected
torts & damages A2010 - 50 - prof. casis

signs and symptoms develop in the region of the injury. In the vast reasonable doubt. The medical findings, however, lead us to a distinct permanent facial scars, a "nervous breakdown" and loss of two gold
majority, however, most muscles are involved to some degree, and the possibility that the infection of the wound by tetanus was an efficient bridge dentures.
signs and symptoms encountered depend upon the major muscle groups intervening cause later or between the time Javier was wounded to the DIONISIOs claim: the legal and proximate cause of his injuries was the
affected. time of his death. The infection was, therefore, distinct and foreign to the negligent manner in which Carbonel had parked the dump truck
- Reflex spasm usually occur within 24 to 72 hours of the first symptom, crime. entrusted to him by his employer Phoenix
an interval referred to as the onset time. As in the case of the incubation - Doubts are present. There is a likelihood that the wound was but the PHOENIX + CARBONELs claim: the proximate cause of Dionisio's
period, a short onset time is associated with a poor prognosis. Spasms remote cause and its subsequent infection, for failure to take necessary injuries was his own recklessness in driving fast at the time of the
are caused by sudden intensification of afferent stimuli arising in the precautions, with tetanus may have been the proximate cause of Javier's accident, while under the influence of liquor, without his headlights on
periphery, which increases rigidity and causes simultaneous and death with which the petitioner had nothing to do. and without a curfew pass; if there was negligence in the manner in
excessive contraction of muscles and their antagonists. Spasms may be - A prior and remote cause cannot be made the be of an action if such which the dump truck was parked, that negligence was merely a "passive
both painful and dangerous. As the disease progresses, minimal or remote cause did nothing more than furnish the condition or give rise to and static condition" and that private respondent Dionisio's recklessness
inapparent stimuli produce more intense and longer lasting spasms with the occasion by which the injury was made possible, if there intervened constituted an intervening, efficient cause determinative of the accident
increasing frequency. Respiration may be impaired by laryngospasm or between such prior or remote cause and the injury a distinct, successive, and the injuries he sustained.
tonic contraction of respiratory muscles which prevent adequate unrelated, and efficient cause of the injury, even though such injury would TC: in favor of Dionisio, awarded damages in favor of Dionisio
ventilation. Hypoxia may then lead to irreversible central nervous system not have happened but for such condition or occasion. If no danger IAC: in favor of Dionisio, reduced the damages awarded
damage and death. existed in the condition except because of the independent cause, such
Mild tetanus is characterized by an incubation period of at least 14 days condition was not the proximate cause. And if an independent negligent ISSUES
and an onset time of more than 6 days. Trismus is usually present, but act or defective condition sets into operation the instances which result in Factual issues: (court discussed this to administer substantial justice
dysphagia is absent and generalized spasms are brief and mild. injury because of the prior defective condition, such subsequent act or without remanding the case to the lower court since both TC and IAC
Moderately severe tetanus has a somewhat shorter incubation period condition is the proximate cause did not consider defenses set by petitioners)
and onset time; trismus is marked, dysphagia and generalized rigidity are DISPOSITION :. The petitioner is ACQUITTED of the crime of homicide. 1. WON private respondent Dionisio had a curfew pass valid and
present, but ventilation remains adequate even during spasms. The effective for that eventful night
criteria for severe tetanus include a short incubation time, and an onset PHOENIX CONSTRUCTION, INC. (CARBONEL) VS. IAC 2. WON Dionisio was driving fast or speeding just before the collision
time of 72 hrs., or less, severe trismus, dysphagia and rigidity and with the dump truck;
(DIONISIO)
frequent prolonged, generalized convulsive spasms. (Harrison's Principle 3. WON Dionisio had purposely turned off his car's headlights before
of Internal Medicine, 1983 Edition, pp. 1004-1005; Emphasis supplied) 148 SCRA 353 contact with the dump truck
- Therefore, medically speaking, the reaction to tetanus found inside a FELICIANO, MARCH 10, 1987 4. WON Dionisio was intoxicated at the time of the accident.
man's body depends on the incubation period of the disease. Substantial Issues:
- In the case at bar, Javier suffered a 2-inch incised wound on his right NATURE 5. WON the legal and proximate cause of the accident and of Dionisio's
palm when he parried the bolo which Urbano used in hacking him. This Petition for review injuries was the wrongful or negligent manner in which the dump truck
incident took place on October 23, 1980. After 22 days, or on November was parked
14, 1980, he suffered the symptoms of tetanus, like lockjaw and muscle FACTS a. WON the drivers negligence was merely a "passive and static
spasms. The following day, November 15, 1980, he died. -About 1:30 am, Leonardo Dionisio (DIONISIO) was driving home (he condition" and that Dionisio's negligence was an "efficient intervening
If, therefore, the wound of Javier inflicted by the appellant was already lived in Bangkal, Makati) from cocktails/dinner meeting with his boss cause," and that consequently Dionisio's negligence must be
infected by tetanus germs at the time, it is more medically probable that where he had taken a shot or two of liquor. He had just crossed the regarded as the legal and proximate cause of the accident rather
Javier should have been infected with only a mild cause of tetanus intersection of General Lacuna and General Santos Sts. At Bangkal, than the earlier negligence of Carbonel
because the symptoms of tetanus appeared on the 22nd day after the Makati (not far from his home) and was proceeding down General b. WON the court, based on the last clear chance doctrine, should
hacking incident or more than 14 days after the infliction of the wound. Lacuna Street without headlights when he hit a dump truck owned by hold Dionisio alone responsible for his accident
Therefore, the onset time should have been more than six days. Javier, Phoenix Construction Inc. (PHOENIX), which was parked on the right 6. WON Phoenix has successfully proven that they exercised due care in
however, died on the second day from the onset time. The more credible hand side of General Lacuna Street (DIONISIOs lane). The dump truck the selection and supervision of the dump truck driver
conclusion is that at the time Javier's wound was inflicted by the was parked askew in such a manner as to stick out onto the street, partly 7. WON the amount of damages awarded should be modified
appellant, the severe form of tetanus that killed him was not yet present. blocking the way of oncoming traffic. There were no lights nor any so-
Consequently, Javier's wound could have been infected with tetanus after called "early warning" reflector devices set anywhere near the dump HELD
the hacking incident. Considering the circumstance surrounding Javier's truck, front or rear. The dump truck had earlier that evening been driven FACTUAL
death, his wound could have been infected by tetanus 2 or 3 or a few but home by petitioner Armando U. Carbonel (CARBONEL), its regular 1. NO. none was found with Dionisio. He was not able to produce any
not 20 to 22 days before he died. driver, with the permission of his employer PHOENIX, in view of work curfew pass during the trial. (It is important to determine if he had a
The rule is that the death of the victim must be the direct, natural, and scheduled to be carried out early the following morning, DIONISIO curfew pass to shed light to the 2nd and 3rd factual issues)
logical consequence of the wounds inflicted upon him by the accused. claimed that he tried to avoid a collision by swerving his car to the left but -Testimony of Patrolman Cuyno who had taken DIONISIO to Makati Med
And since we are dealing with a criminal conviction, the proof that the it was too late and his car smashed into the dump truck. As a result of the testified that none was found with Dionisio. Although Dionisio offered a
accused caused the victim's death must convince a rational mind beyond collision, DIONISIO suffered some physical injuries including some certification attesting that he did have a valid curfew pass, the
torts & damages A2010 - 51 - prof. casis

certification did not specify any serial number or date or period of 5. YES. The collision of Dionisio's car with the dump track was a natural combining with the defendant's conduct to produce the result and in each
effectivity of the supposed curfew pass. and foreseeable consequence of the truck driver's negligence. Private case the defendant's negligence consists in failure to protect the plaintiff
2. YES. Testimony of Patrolman Cuyno attesting that people gathered at respondent Dionisio's negligence was "only contributory," that the against that very risk.
Obviously the defendant cannot be relieved from liability by the fact that the
the scene of the accident told him that Dionisios Car was MOVING FAST "immediate and proximate cause" of the injury remained the truck driver's risk or a substantial and important part of the risk, to which the defendant has
and that he DID NOT have its HEADLIGTS ON. "lack of due care" and that consequently respondent Dionisio may subjected the plaintiff has indeed come to pass. Foreseeable intervening forces
Ratio. The testimony of Patrolman Cuyno is admissible not under the recover damages though such damages are subject to mitigation by the are within the scope of the original risk, and hence of the defendant's
official records exception to the hearsay rule but rather as part of the res courts negligence. The courts are quite generally agreed that intervening causes which
gestae. Testimonial evidence under this exception to the hearsay rule a. NO. Besides, this argument had no validity under our jurisdiction and fall fairly in this category will not supersede the defendant's responsibility.
consists of excited utterances made on the occasion of an occurrence or even in the United States, the distinctions between" cause" and Thus it has been held that a defendant will be required to anticipate the usual
event sufficiently startling in nature so as to render inoperative the normal "condition" have already been "almost entirely discredited. weather of the vicinity, including all ordinary forces of nature such as usual wind or
rain, or snow or frost or fog or even lightning; that one who leaves an obstruction on
reflective thought processes of the observer and hence made as a - the truck driver's negligence far from being a "passive and static the road or a railroad track should foresee that a vehicle or a train will run into it; x x
spontaneous reaction to the occurrence or event, and not the result of condition" was rather an indispensable and efficient cause; Dionisio's x.
reflective thought. negligence, although later in point of time than the truck driver's The risk created by the defendant may include the intervention of the foreseeable
-Dionisio claimed that he was traveling at 30kph and had just crossed the negligence and therefore closer to the accident, was not an efficient negligence of others. x x x [T]he standard of reasonable conduct may require
intersection of General Santos and General Lacuna Streets and had intervening or independent cause. The petitioner truck driver owed a the defendant to protect the plaintiff against 'that occasional negligence
started to accelerate when his headlights failed just before the collision duty to private respondent Dionisio and others similarly situated not to which is one of the ordinary incidents of human life, and therefore to be
took place. He also asserts that Patrolman Cuynos testimony was impose upon them the very risk the truck driver had created. Dionisio's anticipated.' Thus, a defendant who blocks the sidewalk and forces the plaintiff to
walk in a street where the plaintiff will be exposed to the risks of heavy traffic
hearsay and did not fall within any of the recognized exceptions to the negligence was not of an independent and overpowering nature as to cut, becomes liable when the plaintiff is run down by a car, even though the car is
hearsay rule since the facts he testified to were not acquired by him as it were, the chain of causation in fact between the improper parking of negligently driven; and one who parks an automobile on the highway without lights
through official information and had not been given by the informants the dump truck and the accident, nor to sever the juris vinculum of at night is not relieved of responsibility when another negligently drives into it - - "
pursuant to any duty to do so. liability. b. NO. The last clear chance doctrine of the common law was imported
-BUT: an automobile speeding down a street and suddenly smashing into FROM PROF. PROSSER AND KEETON: "Cause and condition. Many courts
into our jurisdiction by Picart vs. Smith but it is a matter for debate
a stationary object in the dead of night is a sufficiently startling event as have sought to distinguish between the active "cause" of the harm and the
existing "conditions" upon which that cause operated If the defendant has whether, or to what extent, it has found its way into the Civil Code of the
to evoke spontaneous, rather than reflective, reactions from observers Philippines. Accordingly, it is difficult to see what role, if any, the
created only a passive static condition which made the damage possible, the
who happened to be around at that time. The testimony of Patrolman defendant is said not to be liable. But so far as the fact of causation is concerned, in common law last clear chance doctrine has to play in a jurisdiction
Cuyno was therefore admissible as part of the res gestae and should the sense of necessary antecedents which have played an important part in where the common law concept of contributory negligence as an
have been considered by the trial court. Clearly, substantial weight producing the result, it is quite impossible to distinguish between active forces and absolute bar to recovery by the plaintiff, has itself been rejected, as
should have been ascribed to such testimony, even though it did not, as it passive situations, particularly since, as is invariably the case the latter am the it has been in Article 2179 of the Civil Code of the Philippines.
could not, have purported to describe quantitatively the precise velocity at result of other active forces which have gone before. The defendant who spills
-The relative location in the continuum of time of the plaintiff's and the
which Dionisio was travelling just before impact with the Phoenix dump gasoline about the premises creates a "condition," but the act may be culpable
because of the danger of fire. When a spark ignites the gasoline, the condition has defendant's negligent acts or omissions, is only one of the relevant
truck. factors that may be taken into account. Of more fundamental importance
done quite as much to bring about the fire as the spark; and since that is the very
3. YES. Phoenixs theory more credible than Dionisios. risk which the defendant has created, the defendant will not escape responsibility. are the nature of the negligent act or omission of each party and the
DIONISIOS CLAIM: he had his headlights on but that, at the crucial Even the lapse of a considerable time during which the "condition" remains static character and gravity of the risks created by such act or omission for the
moment, these had in some mysterious if convenient way malfunctioned will not necessarily affect liability; one who digs a trench in the highway may still be rest of the community.
and gone off, although he succeeded in switching his lights on again at liable to another who falls into it a month afterward. "Cause" and "condition" still ON LAST CLEAR CHANCE DOCTRINE: The historical function of that
"bright" split seconds before contact with the dump truck find occasional mention in the decisions; but the distinction is now almost
doctrine in the common law was to mitigate the harshness of another
PHOENIXs CLAIM: Dionisio purposely shut off his headlights even entirely discredited So far as it has any validity at all, it must refer to the type of
case where the forces set in operation by the defendant have come to rest in a common law doctrine or rule-that of contributory negligence. The
before he reached the intersection so as not to be detected by the police common law rule of contributory negligence prevented any recovery at all
position of apparent safety. and some new force intervenes. But even in such
in the police precinct which he (being a resident in the area) knew was cases, it is not the distinction between "cause" and "condition" which is by a plaintiff who was also negligent, even if the plaintiff's negligence was
not far away from the intersection (less than 200m away). important, but the nature of the risk and the character of the intervening relatively minor as compared with the wrongful act or omission of the
4. NOT ENOUGH EVIDENCE TO CONCLUDE ANYTHING. cause." defendant. The common law notion of last clear chance permitted courts
EVIDENCE PRESENTED: Patrolman Cuyno attested that Dionisio "Foreseeable Intervening Causes. If the intervening cause is one which in to grant recovery to a plaintiff who had also been negligent provided that
smelled of liquor at the time he was taken to Makati med + Dionisio ordinary human experience is reasonably to be anticipated, or one which the the defendant had the last clear chance to avoid the casualty and failed
admitted he had taken a shot or two defendant has reason to anticipate under the particular circumstances, the to do so.
- not enough evidence to show how much liquor Dionisio had in fact defendant may be negligent, among other reasons, because of failure to guard
taken and the effects of that upon his physical faculties or upon his against it; or the defendant may be negligent only for that reason Thus one who
sets a fire may be required to foresee that an ordinary, usual and customary wind 6. NO. The circumstance that Phoenix had allowed its track driver to
judgment or mental alertness. "One shot or two" of hard liquor may affect bring the dump truck to his home whenever there was work to be done
arising later will spread it beyond the defendant's own property, and therefore to
different people differently. take precautions to prevent that event. The person who leaves the combustible or early the following morning, when coupled with the failure to show any
explosive material exposed in a public place may foresee the risk of fire from some effort on the part of Phoenix to supervise the manner in which the dump
SUBSTANTIAL independent source. x x x In all of these cases there is an intervening cause
torts & damages A2010 - 52 - prof. casis

truck is parked when away from company premises, is an affirmative payment of the checks face value which REYES did if only to save his -Indemnification was sought from the city government, which however,
showing of culpa in vigilando on the part of Phoenix. name. yielded negative results.
- Furious, he immediately proceeded to the bank and urged an immediate -Fulgencio P. Dacara, for and in behalf of his minor son, filed a Complaint
7. YES. Taking into account the comparative negligence ot verification of his account. That was only when they noticed the error. for damages against Quezon City and Engr. Ramir Tiamzon.
DIONISIO and the petitioners, the demands of substantial justice are RTC: ordered petitioner to pay P200T compensatory damages, P100T -Defendants admitted the occurrence of the incident but alleged that the
satisfied by allocating most of the damages on a 20-80 ratio. As to moral damages, P25T attorneys fees, as well as costs of suit. subject diggings was provided with a mound of soil and barricaded with
the other awards of damages, sustain. CA: modified amount to just P50T moral damages and P25T attorneys reflectorized traffic paint with sticks placed before or after it which was
20% of the damages awarded by the respondent appellate court, except fees and costs of suit. visible during the incident.
the award of P10,000.00 as exemplary damages and P4,500.00 as -In short, defendants claimed that they exercised due care by providing
attorney's fees and costs, shall be home by private respondent Dionisio; ISSUE the area of the diggings all necessary measures to avoid accident, and
only the balance of 800% needs to be paid by petitioners Carbonel and WON Art.21798 of NCC is applicable that the reason why Fulgencio Dacara, Jr. fell into the diggings was
Phoenix who shall be solidarily liable therefor to the former. The award precisely because of the latters negligence and failure to exercise due
of exemplary damages and attorney's fees and costs shall be home HELD care.
exclusively by the petitioners. Phoenix is of course entitled to NO -RTC ruled in favor of Dacara, ordering the defendants to indemnify the
reimbursement from Carbonel. - For it to apply, it must be established that private respondent's own plaintiff the sum of twenty thousand pesos as actual/compensatory
negligence was the immediate and proximate cause of his injury. damages, P10,000.00 as moral damages, P5,000.00 as exemplary
Disposition. WHEREFORE, the decision of the respondent appellate Definition of Proximate Cause: "any cause which, in natural and damages, P10,000.00 as attorneys fees and other costs of suit.
court is modified by reducing the aggregate amount of compensatory continuous sequence, unbroken by any efficient intervening cause, -Upon appeal, CA agreed with the RTCs finding that petitioners
damages, loss of expected income and moral damages private produces the result complained of and without which would not have negligence was the proximate cause of the damage suffered by
respondent Dionisio is entitled to by 20% of such amount. Costs against occurred and from which it ought to have been foreseen or reasonably respondent.
the petitioners. anticipated by a person of ordinary case that the injury complained of or -Hence, this Petition
SO ORDERED. some similar injury, would result therefrom as a natural and probable
consequence." ISSUES
Reasoning The proximate cause of the injury is the negligence of 1. WON petitioners negligence is the proximate cause of the
PILIPINAS BANK V CA (REYES)
petitioner's employee in erroneously posting the cash deposit of private incident
234 SCRA 435 respondent in the name of another depositor who had a similar first 2. WON moral damages are recoverable
PUNO; July 25, 1994 name. 3. WON exemplary damages and attorneys fees are
- The bank employee is deemed to have failed to exercise the degree of recoverable
NATURE care required in the performance of his duties.
- Petition for review of CA decision Dispositive Petition denied. HELD
1. Yes.
FACTS QUEZON CITY V DACARA -Proximate cause is defined as any cause that produces injury in a
- FLORENCIO REYES issued two postdated checks. These are for natural and continuous sequence, unbroken by any efficient
PANGANIBAN; JUNE 15, 2005
WINNER INDUSTRIAL CORP. in amount of P21T due Oct.10, 1979 and intervening cause, such that the result would not have occurred
for Vicente TUI in amount of P11.4T due Oct.12. otherwise. Proximate cause is determined from the facts of each
- To cover the face value of the checks, he requested PCIB Money NATURE case, upon a combined consideration of logic, common sense,
Shop's manager to effect the withdrawal of P32T from his savings Petition for review of a decision of the Court of Appeals policy and precedent.
account and have it deposited with his current account with PILIPINAS -What really caused the subject vehicle to turn turtle is a factual issue
BANK. FACTS that this Court cannot pass upon, absent any whimsical or capricious
- PILIPINAS BANKS Current Account Bookkeeper made an error in -On February 28, 1988 at about 1:00 A.M., Fulgencio Dacara, Jr., owner exercise of judgment by the lower courts or an ample showing that they
depositing the amount: he thought it was for a certain FLORENCIO of 87 Toyota Corolla 4-door Sedan, while driving the said vehicle, lacked any basis for their conclusions.
AMADOR. He, thus, posted the deposit in the latter's account not noticing rammed into a pile of earth/street diggings found at Matahimik St., -The unanimity of the CA and the trial court in their factual ascertainment
that the depositor's surname in the deposit slip was REYES. Quezon City, which was then being repaired by the Quezon City that petitioners negligence was the proximate cause of the accident bars
- On Oct.11, the Oct.10 check in favor of WINNER INDUSTRIAL was government. us from supplanting their findings and substituting these with our own.
presented for payment. Since the ledger of Florencio REYES indicated -As a result, Dacara, Jr. allegedly sustained bodily injuries and the vehicle -That the negligence of petitioners was the proximate cause of the
that his account had only a balance of P4,078.43, it was dishonored and suffered extensive damage for it turned turtle when it hit the pile of earth. accident was aptly discussed in the lower courts finding:
the payee was advised to try it for next clearing. Facts obtaining in this case are crystal clear that the accident of
- It was redeposited but was again dishonored. The same thing February 28, 1988 which caused almost the life and limb of Fulgencio
happened to the Oct.12 check. The payee then demanded a cash 8 Art. 2179. When the plaintiff's own negligence was the immediate and proximate cause of his Dacara, Jr. when his car turned turtle was the existence of a pile of earth
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 from a digging done relative to the base failure at Matahimik Street nary a
damages, but the courts shall mitigate the damages to be awarded.
torts & damages A2010 - 53 - prof. casis

lighting device or a reflectorized barricade or sign perhaps which could -It is apparent from the Decisions of the trial and the appellate courts, Facts:
have served as an adequate warning to motorists especially during the however, that no other evidence (such as a medical certificate or proof of Basilio Ilano and Proceso Gayetano took a carromata near
thick of the night where darkness is pervasive. Contrary to the testimony medical expenses) was presented to prove Fulgencio Jr.s bare assertion Plaza Gay, in the City of Iloilo, with a view to going to a cockpit on Calle
of the witnesses for the defense that there were signs, gasera which was of physical injury. Thus, there was no credible proof that would justify an Ledesma in the same City. When the driver of the carromata had turned
buried so that its light could not be blown off by the wind and barricade, award of moral damages based on Article 2219(2) of the Civil Code. his horse and started in the direction indicated, the defendant, Agaton
none was ever presented to stress the point that sufficient and adequate -Moral damages are not punitive in nature, but are designed to Araneta, stepped out into the street, and laying his hands on the reins,
precautionary signs were placed. If indeed signs were placed thereat, compensate and alleviate in some way the physical suffering, mental stopped the horse, at the same time protesting to the driver that he
how then could it be explained that according to the report even of the anguish, fright, serious anxiety, besmirched reputation, wounded himself had called this carromata first. The driver, one Julio Pagnaya,
policeman, none was found at the scene of the accident. feelings, moral shock, social humiliation, and similar injury unjustly replied to the effect that he had not heard or seen the call of Araneta, and
-The provisions of Article 21899 of the New Civil Code capsulizes the inflicted on a person. that he had taken up the two passengers then in the carromata as the
responsibility of the city government relative to the maintenance of roads -Well-settled is the rule that moral damages cannot be awarded in the first who had offered employment. At or about the same time Pagnaya
and bridges since it exercises the control and supervision over the same. absence of proof of physical suffering, mental anguish, fright, serious pulled on the reins of the bridle to free the horse from the control of
Failure of the defendant to comply with the statutory provision is anxiety, besmirched reputation, wounded feelings, moral shock, social Agaton Araneta, in order that the vehicle might pass on. Owing, however,
tantamount to negligence which renders the City government liable humiliation, or similar injury. The award of moral damages must be solidly to the looseness of the bridle on the horse's head or to the rottenness of
-Petitioners belatedly point out that Fulgencio Jr. was driving at the speed anchored on a definite showing that respondent actually experienced the material of which it was made, the bit came out of the horse's mouth;
of 60 kilometers per hour (kph) when he met the accident. This speed emotional and mental sufferings. and it became necessary for the driver to get out, which he did, in order
was allegedly well above the maximum limit of 30 kph allowed on city 3. Yes. to fix the bridle. The horse was then pulled over to near the curb, by one
streets with light traffic, as provided under the Land Transportation and -Exemplary damages cannot be recovered as a matter of right; they can or the other it makes no difference which and Pagnaya tried to fix
Traffic Code Thus, petitioners assert that Fulgencio Jr., having violated a be awarded only after claimants have shown their entitlement to moral, the bridle.
traffic regulation, should be presumed negligent pursuant to Article 2185 temperate or compensatory damages. While he was thus engaged, the horse, being free from the
of the Civil Code. -In the case before us, respondent sufficiently proved before the courts a control of the bit, became disturbed and moved forward, in doing which
-These matters were, however, not raised by petitioners at any time quo that petitioners negligence was the proximate cause of the incident, he pulled one of the wheels of the carromata up on the sidewalk and
during the trial. It is evident from the records that they brought up for the thereby establishing his right to actual or compensatory damages. He pushed Julio Pagnaya over. After going a few yards further the side of
first time in their Motion for Reconsideration. has adduced adequate proof to justify his claim for the damages caused the carromata struck a police telephone box which was fixed to a post on
-It is too late in the day for them to raise this new issue. To consider their his car. the sidewalk, upon which the box came down with a crash and frightened
belatedly raised arguments at this stage of the proceedings would -Article 2231 of the Civil Code mandates that in cases of quasi-delicts, the horse to such an extent that he set out at full speed up the street.
trample on the basic principles of fair play, justice, and due process. exemplary damages may be recovered if the defendant acted with gross Meanwhile one of the passengers, to wit. Basilio Ilano, had
-Indeed, both the trial and the appellate courts findings, which are amply negligence. alighted while the carromata was as yet alongside the sidewalk; but the
substantiated by the evidence on record, clearly point to petitioners -Gross negligence means such utter want of care as to raise a other, Proceso Gayetano, had unfortunately retained his seat, and after
negligence as the proximate cause of the damages suffered by presumption that the persons at fault must have been conscious of the the runaway horse had proceeded up the street to a point in front of the
respondents car. No adequate reason has been given to overturn this probable consequences of their carelessness, and that they must have Mission Hospital, the said Gayetano jumped or fell from the rig, and in so
factual conclusion. nevertheless been indifferent (or worse) to the danger of injury to the doing received injuries from which he soon died.
2. No. person or property of others. The negligence must amount to a reckless This action was brought by Consolacion Gabeto, in her own
-To award moral damages, a court must be satisfied with proof of the disregard for the safety of persons or property. right as widow of Proceso Gayetano, and as guardian ad litem of the
following requisites: (1) an injury--whether physical, mental, or -Such a circumstance obtains in the instant case. three children, Conchita Gayetano, Rosita Gayetano, and Fermin
psychological--clearly sustained by the claimant; (2) a culpable act or -The facts of the case show a complete disregard by petitioners of any Gayetano, for the purpose of recovering damages incurred by the plaintiff
omission factually established; (3) a wrongful act or omission of the adverse consequence of their failure to install even a single warning as a result of the death of the said Proceso Gayetano, supposedly
defendant as the proximate cause of the injury sustained by the claimant; device at the area under renovation. caused by the wrongful act of the defendant Agaton Araneta.
and (4) the award of damages predicated on any of the cases stated in -Article 2229 of the Civil Code provides that exemplary damages may be Judge awarded damages to the widow to which decision
Article 2219. imposed by way of example or correction for the public good. The award Araneta appealed.
-Article 2219(2) specifically allows moral damages to be recovered for of these damages is meant to be a deterrent to socially deleterious
quasi-delicts, provided that the act or omission caused physical actions. Issue: WON the stopping of the rig by Agaton Araneta in the middle of
injuries. There can be no recovery of moral damages unless the quasi- the street was too remote from the accident that presently ensued to be
delict resulted in physical injury. Dispositive considered the legal or proximate cause thereof
-In the present case, the Complaint alleged that respondents son The Decision of the Court of Appeals is affirmed, with the modification
Fulgencio Jr. sustained physical injuries. that the award of moral damages is deleted. Held: NO. The evidence indicates that the bridle was old, and the
leather of which it was made was probably so weak as to be easily
GABETO V. ARANETA broken. it was Julio who jerked the rein, thereby causing the bit to come
out of the horse's mouth; and Julio, after alighting, led the horse over to
9. Provinces, cities and municipalities shall be liable for damages for the death of, or injuries 42 Phil 252. October 17, 1921 Street
suffered by, any person by reason of the defective condition of roads, streets, bridges, public the curb, and proceeded to fix the bridle; and that in so doing the bridle
buildings, and other public works under their control or supervision.
torts & damages A2010 - 54 - prof. casis

was slipped entirely off, when the horse, feeling himself free from control, Reasoning: not 20 to 22 days before he died. The medical findings lead us to a
started to go away. -The case involves the application of Article 4 10 of the Revised Penal distinct possibility that the infection of the wound by tetanus was an
Code. efficient intervening cause later or between the time Javier was wounded
Disposition: Judgment is REVERSED. -The evidence on record does not clearly show that the wound inflicted to the time of his death. The infection was, therefore, distinct and foreign
by Urbano was infected with tetanus at the time of the infliction of the to the crime.
URBANO V IAC (PEOPLE OF THE PHILIPPINES) wound. The evidence merely confirms that the wound, which was already The rule is that the death of the victim must be the direct, natural, and
healing at the time Javier suffered the symptoms of the fatal ailment, logical consequence of the wounds inflicted upon him by the accused.
157 SCRA 1
somehow got infected with tetanus However, as to when the wound was (People v. Cardenas, supra)
GUTIERREZ; January 7, 1988 infected is not clear from the record. As we ruled in Manila Electric Co. v. Remaquillo, et al. (99 Phil. 118).
-In Vda. de Bataclan, et al. v. Medina (102 Phil. 1181), we adopted the "'A prior and remote cause cannot be made the basis of an action if such
Nature : This is a petition to review the decision of the then Intermediate following definition of proximate cause: remote cause did nothing more than furnish the condition or give rise to
Appellate Court "x x x A satisfactory definition of proximate cause is found in Volume 38, the occasion by which the injury was made possible, if there intervened
Facts:When Filomeno Urbano found the place where he stored his palay pages 695-696 of American Jurisprudence, cited by plaintiffsappellants in between such prior or remote cause and the injury a distinct, successive,
flooded with water coming from the irrigation canal nearby which had their brief. It is as follows: unrelated, and efficient cause of the injury, even though such injury would
overflowed he went to see what happened and there he saw Marcelo "x x x 'that cause, which, in natural and continuous sequence, unbroken not have happened but for such condition or occasion. If no danger
Javier admitted that he was the one responsible for what happened. by any efficient intervening cause, produces the injury, and without which existed in the condition except because of the independent cause, such
Urbano then got angry and demanded that Javier pay for his soaked the result would not have occurred.' And more comprehensively, the condition was not the proximate cause. And if an independent negligent
palay. A quarrel between them ensued. Urbano hacked Javier hitting him proximate legal cause is that acting first and producing the injury, either act or defective condition sets into operation the circumstances, which
on the right palm of his hand . Javier who was then unarmed ran away immediately or by setting other events in motion, all constituting a natural result in injury because of the prior defective condition, such subsequent
from Urbano but was overtaken by Urbano who hacked him again hitting and continuous chain of events, each having a close causal connection act or condition is the proximate cause. '(45 C.J. pp. 931-932)." (at p.
Javier on the left leg with the back portion of said bolo, causing a swelling with its immediate predecessor, the final event in the chain immediately 125)
on said leg. effecting the injury as a natural and probable result of the cause which
On November 14,1980, Javier was rushed to the Nazareth General first acted, under such circumstances that the person responsible for the FAR EAST SHIPPING CO V CA (PPA)
Hospital in a very serious condition. Javier had lockjaw and was having first event should, as an ordinarily prudent and intelligent person, have
convulsions. Dr. Edmundo Exconde who personally attended to Javier 297 SCRA 30
reasonable ground to expect at the moment of his act or default that an
found that the latter's serious condition was caused by tetanus toxin. He injury to some person might probably result therefrom.' (at pp. 185-186) REGALADO; October 1, 1998
noticed the presence of a healing wound in Javier's palm which could -The court looked into the nature of tetanus to determine the cause
have been infected by tetanus. -Medically speaking, the reaction to tetanus found inside a man's body NATURE
On November 15, 1980 Javier died in the hospital. depends on the incubation period of the disease. Review on certiorari the CA decision affirming TC decision holding FESC
- Javier suffered a 2-inch incised wound on his right palm when he and Gavino solidarily liable
Appellants claim: parried the bolo which Urbano used in hacking him. This incident took
-there was an efficient cause which supervened from the time the place on October 23, 1980. After 22 days, or on November 14, 1980, he FACTS
deceased was wounded to the time of his death suffered the symptoms of tetanus, like lockjaw and muscle spasms. The - On June 20, 1980, the M/V PAVLODAR, flying under the flagship of the
-the proximate cause of the victim's death was due to his own negligence following day, November 15, 1980, he died. USSR, owned and operated by the Far Eastern Shipping Company
in going back to work without his wound being properly healed, and If,therefore,the wound of Javier inflicted by the appellant was already (FESC), arrived at the Port of Manila from Vancouver, British Columbia at
lately, that he went to catch fish in dirty irrigation canals in the first week infected by tetanus germs at the time, it is more medically probable that about 7:00 o'clock in the morning. The vessel was assigned Berth 4 of
of November, 1980 Javier should have been infected with only a mild cause of tetanus the Manila International Port, as its berthing space. Captain Roberto
- Javier got infected with tetanus when after two weeks he returned to his because the symptoms of tetanus appeared on the 22nd day after the Abellana was tasked by the Philippine Port Authority to supervise the
farm and tended his tobacco plants with his bare hands exposing the hacking incident or more than 14 days after the infliction of the wound. berthing of the vessel. Appellant Senen Gavino was assigned by the
wound to harmful elements like tetanus germs. -Therefore, the onset time should have been more than six days. Javier, Appellant Manila Pilots' Association (MPA) to conduct docking
however, died on the second day from the onset time. The more credible maneuvers for the safe berthing of the vessel to Berth No. 4.
ISSUE: conclusion is that at the time Javier's wound was inflicted by the - Gavino boarded the vessel at the quarantine anchorage and stationed
WON there was an efficient intervening cause from the time Javier was appellant, the severe form of tetanus that killed him was not yet present. himself in the bridge, with the master of the vessel, Victor Kavankov,
wounded until his death which would exculpate Urbano from any liability Consequently, Javier's wound could have been infected with tetanus after beside him. After a briefing of Gavino by Kavankov of the particulars of
for Javier's death the hacking incident. Considering the circumstance surrounding Javier's the vessel and its cargo, the vessel lifted anchor from the quarantine
death, his wound could have been infected by tetanus 2 or 3 or a few but anchorage and proceeded to the Manila International Port. The sea was
HELD: calm and the wind was ideal for docking maneuvers.
Yes. The medical findings lead us to a distinct possibility that the infection - When the vessel reached the landmark (the big church by the Tondo
of the wound by tetanus was an efficient intervening cause later or 10Art. 4. Criminal liability shall be incurred: (1) By any person committing a felony (delito) although North Harbor) one-half mile from the pier, Gavino ordered the engine
between the time Javier was wounded to the time of his death. The the wrongful act done be different from that which he intended x x x." Pursuant to this provision stopped. When the vessel was already about 2,000 feet from the pier,
"an accused is criminally responsible for acts committed by him in violation of law and for all the
infection was, therefore, distinct and foreign to the crime. natural and logical consequences resulting therefrom Gavino ordered the anchor dropped. Kavankov relayed the orders to the
torts & damages A2010 - 55 - prof. casis

crew of the vessel on the bow. The left anchor, with 2 shackles, were xxx xxx xxx - The masters negligence translates to unseaworthiness of the vessel,
dropped. However, the anchor did not take hold as expected. The speed f) a pilot shall be held responsible for the direction of a vessel from and in turn means negligence on the part of FESC.
of the vessel did not slacken. A commotion ensued between the crew the time he assumes his work as a pilot thereof until he leaves it CONCURRENT TORTFEASORS
members. A brief conference ensued between Kavankov and the crew anchored or berthed safely; Provided, however, that his responsibility - As a general rule, that negligence in order to render a person liable
members. When Gavino inquired what was all the commotion about, shall cease at the moment the Master neglects or refuses to carry out need not be the sole cause of an injury. It is sufficient that his negligence,
Kavankov assured Gavino that there was nothing to it. his order. concurring with one or more efficient causes other than plaintiff's, is the
- After Gavino noticed that the anchor did not take hold, he ordered the - Customs Administrative Order No. 15-65 issued twenty years proximate cause of the injury. Accordingly, where several causes
engines half-astern. Abellana, who was then on the pier apron noticed earlier likewise provided in Chapter I thereof for the responsibilities of combine to produce injuries, person is not relieved from liability because
that the vessel was approaching the pier fast. Kavankov likewise noticed pilots: he is responsible for only one of them, it being sufficient that the
that the anchor did not take hold. Gavino thereafter gave the "full-astern" Par. XXXIX. A Pilot shall be held responsible for the direction of negligence of the person charged with injury is an efficient cause without
code. Before the right anchor and additional shackles could be dropped, a vessel from the time he assumes control thereof until he leaves it which the injury would not have resulted to as great an extent, and that
the bow of the vessel rammed into the apron of the pier causing anchored free from shoal; Provided, That his responsibility shall cease such cause is not attributable to the person injured. It is no defense to
considerable damage to the pier. The vessel sustained damage too. at the moment the master neglects or refuses to carry out his one of the concurrent tortfeasors that the injury would not have resulted
Kavankov filed his sea protest. Gavino submitted his report to the Chief instructions. from his negligence alone, without the negligence or wrongful acts of the
Pilot who referred the report to the Philippine Ports Authority. Abellana xxx xxx xxx other concurrent tortfeasor. Where several causes producing an injury
likewise submitted his report of the incident. Par. XLIV. Pilots shall properly and safely secure or anchor are concurrent and each is an efficient cause without which the injury
- The rehabilitation of the damaged pier cost the Philippine Ports vessels under their control when requested to do so by the master of would not have happened, the injury may be attributed to all or any of the
Authority the amount of P1,126,132.25. such vessels. causes and recovery may be had against any or all of the responsible
PERTINENT RULES on PILOTAGE persons although under the circumstances of the case, it may appear
- The Port of Manila is within the Manila Pilotage District which is under ISSUE that one of them was more culpable, and that the duty owed by them to
compulsory pilotage pursuant to Section 8, Article III of Philippine Ports WON both the pilot and the master were negligent the injured person was not the same. No actor's negligence ceases to be
Authority Administrative Order No. 03-85: a proximate cause merely because it does not exceed the negligence of
SEC. 8. Compulsory Pilotage Service. For entering a harbor and HELD other actors. Each wrongdoer is responsible for the entire result and is
anchoring thereat, or passing through rivers or straits within a pilotage YES. liable as though his acts were the sole cause of the injury.
district, as well as docking and undocking at any pier/wharf, or shifting - The SC started by saying that in a collision between a stationary object - There is no contribution between joint tortfeasors whose liability is
from one berth or another, every vessel engaged in coastwise and and a moving object, there is a presumption of fault against the moving solidary since both of them are liable for the total damage. Where the
foreign trade shall be under compulsory pilotage. object (based on common sense and logic). It then went on to determine concurrent or successive negligent acts or omissions of two or more
- In case of compulsory pilotage, the respective duties and who between the pilot and the master was negligent. persons, although acting independently, are in combination the direct and
responsibilities of the compulsory pilot and the master have been PILOT proximate cause of a single injury to a third person, it is impossible to
specified by the same regulation: - A pilot, in maritime law, is a person duly qualified, and licensed, to determine in what proportion each contributed to the injury and either of
SEC. 11. Control of vessels and liability for damage. On conduct a vessel into or out of ports, or in certain waters. He is an expert them is responsible for the whole injury. Where their concurring
compulsory pilotage grounds, the Harbor Pilot providing the service to whos supposed to know the seabed, etc. that a master of a ship may not negligence resulted in injury or damage to a third party, they become joint
a vessel shall be responsible for the damage caused to a vessel or to know because the pilot is familiar with the port. He is charged to perform tortfeasors and are solidarily liable for the resulting damage under Article
life and property at ports due to his negligence or fault. He can only be his duties with extraordinary care because the safety of people and 2194 of the Civil Code.
absolved from liability if the accident is caused by force majeure or property on the vessel and on the dock are at stake. Disposition Petition denied. CA affirmed. Capt. Gavino and FESC are
natural calamities provided he has exercised prudence and extra - Capt. Gavino was found to be negligent. The court found that his solidarily liable.
diligence to prevent or minimize damage. reaction time (4 minutes) to the anchor not holding ground and the vessel
The Master shall retain overall command of the vessel even on still going too fast was too slow. As an expert he shouldve been reacting
SABIDO AND LAGUNDA V CUSTODIO, ET AL
pilotage grounds whereby he can countermand or overrule the order quickly to any such happenings.
or command of the Harbor Pilot on board. In such event, any damage MASTER 17 SCRA 1088
caused to a vessel or to life and property at ports by reason of the - In compulsory pilotage, the pilot momentarily becomes the master of the CONCEPCION; August 31, 1966
fault or negligence of the Master shall be the responsibility and liability vessel. The master, however may intervene or countermand the pilot if
of the registered owner of the vessel concerned without prejudice to he deems there is danger to the vessel because of the incompetence of NATURE
recourse against said Master the pilot or if the pilot is drunk. Petition for review by certiorari of a decision of the Court of Appeals
Such liability of the owner or Master of the vessel or its pilots shall - Based on Capt. Kavankovs testimony, he never sensed the any danger
be determined by competent authority in appropriate proceedings in even when the anchor didnt hold and they were approaching the dock FACTS
the light of the facts and circumstances of each particular case. too fast. He blindly trusted the pilot. This is negligence on his part. He In Barrio Halang, , two trucks, one driven by Mudales and belonging to
SEC. 32. Duties and responsibilities of the Pilot or Pilots' was right beside the pilot during the docking, so he could see and hear Laguna-Tayabas Bus Company, and the other driven by Lagunda and
Association. The duties and responsibilities of the Harbor Pilot shall everything that the pilot was seeing and hearing. owned by Prospero Sabido, going in opposite directions met each other
be as follows: in a road curve. Custodia, LTB bus passenger who was riding on the
torts & damages A2010 - 56 - prof. casis

running board as truck was full of passengers, was sideswiped by the Although the negligence of the carrier and its driver is independent, in its - the three passengers Bataclan, Lara and the Visayan and the woman
truck driven by Lagunda. As a result, Custodio was injured and died. execution, of the negligence of the truck driver and its owner, both acts of behind them named Natalia Villanueva, could not get out of the
negligence are the proximate cause of the death of Agripino Custodio. In overturned bus.
To avoid any liability, Lagunda and Sabido throw all the blame on fact, the negligence of the first two would not have produced this result - Some of the passengers, after they had clambered up to the road,
Mudales. However, Makabuhay, widoy of Custodio, testified that the 6 x 6 without the negligence of petitioners' herein. What is more, petitioners' heard groans and moans from inside the bus. Calls or shouts for help
truck was running fast when it met the LTB Bus. And Lagunda had time negligence was the last, in point of time, for Custodio was on the running were made to the houses in the neighborhood. After half an hour, came
and opportunity to avoid the mishap if he had been sufficiently careful board of the carrier's bus sometime before petitioners' truck came from about ten men, one of them carrying a lighted torch made of bamboo with
and cautious because the two trucks never collided with each other. By the opposite direction, so that, in this sense, petitioners' truck had the last a wick on one end, evidently fueled with petroleum. These men
simply swerving to the right side of the road, the 6 x 6 truck could have clear chance. presumably approach the overturned bus, and almost immediately, a
avoided hitting Custodio. fierce fire started, burning and all but consuming the bus, including the 4
2. YES. Where the carrier bus and its driver were clearly guilty of passengers trapped inside it. It would appear that as the bus overturned,
The sideswiping of the deceased and his two fellow passengers took contributory negligence for having allowed a passenger to ride on the gasoline began to leak and escape from the gasoline tank.
place on broad daylight at about 9:30 in the morning of June 9, 1955 running board of the bus, and where the driver of the other vehicle was - That same day, the charred bodies of the four deemed passengers
when the LTB bus with full load to passengers was negotiating a sharp also guilty of contributory negligence, because that vehicle was running inside the bus were removed and duly identified that of Bataclan. His
curve of a bumpy and sliding downward a slope, whereas the six by six at a considerable speed despite the fact that it was negotiating a sharp widow, Salud Villanueva brought the present suit to recover from Mariano
truck was climbing up with no cargoes or passengers on board but for curve, and, instead of being close to its right side of the road, it was Medina compensatory, moral, and exemplary damages and attorney's
three helpers, owner Sabido and driver Lagunda (tsn. 308-309, driven on its middle portion thereof and so near the passenger bus fees in the total amount of P87,150.
Mendoza). LTB passengers had testified to the effect that the 6 x 6 cargo coming from the opposite as to sideswipe a passenger on its running - the CFI awarded P1,000 plus P600 as attorney's fee, plus P100, the
truck was running at a fast rate of speed. Driver Lagunda admitted that board, the owners of the two vehicles are liable solidarily for the death of value of the merchandise being carried by Bataclan
three passengers rode on the running board of the bus when his vehicle the passenger, although the liability of one arises from a breach of
was still at a distance of 5 or 7 meters from the bus. Despite the contract, whereas that of the other springs from a quasi-delict. Where the ISSUES
presence of a shallow canal on the right side of the road which he could concurrent or successive negligent acts or omission of two or more 1. WON there was negligence on the part of the defendant, through his
pass over with ease, Lagunda did not avert the accident simply because persons, although acting independently of each other, are, in agent, the driver Saylon, thus making him liable.
to use his own language the canal "is not a passage of trucks. combination, the direct and proximate cause of a single injury to a third 2. WON the the proximate cause of the death of Bataclan was not the
person, and it is impossible to determine in what proportion each overturning of the bus, but rather, the fire that burned the bus.
Based upon these facts, the Court of First Instance of Laguna and the contributed to the injury, either is responsible for the whole injury, even
Court of Appeals concluded that the Laguna-Tayabas Bus Co. though his act alone might not have caused the entire injury, or the same HELD
hereinafter referred to as the carrier and its driver Mudales (none of damage might have resulted from the acts of the other tort-feasor. 1. NO.
whom has appealed), had violated the contract of carriage with Agripino Ratio There is evidence to show that at the time of the blow out, the bus
Custodio, whereas petitioners Sabido and Lagunda were guilty of a quasi Dispositive Judgment affirmed. was speeding, as testified to by one of the passengers, and as shown by
delict, by reason of which all of them were held solidarity liable. the fact that according to the testimony of the witnesses, including that of
VDA. DE BATACLAN VS. MEDINA the defense, from the point where one of the front tires burst up to the
ISSUES canal where the bus overturned after zig-zaging, there was a distance of
1. WON petitioners were guilty of negligence 102 PHIL 181 about 150 meters. The chauffeur, after the blow-out, must have applied
2. WON petitioners should be held solidarily liable with the carrier and its MONTEMAYOR; October 22, 1957 the brakes in order to stop the bus, but because of the velocity at which
driver the bus must have been running, its momentum carried it over a distance
NATURE of 150 meters before it fell into the canal and turned turtle.
HELD Appeal from the decision of the CFI of Cavite Reasoning Our new Civil Code amply provides for the responsibility of
1. YES. The views of the Court of Appeals on the speed of the truck and common carrier to its passengers and their goods.11
its location at the time of the accident are in the nature of findings of fact, FACTS 2. YES
which we cannot disturb in a petition for review by certiorari, such as the - Shortly after midnight, a bus of the Medina Transportation, operated by Ratio Tthe proximate legal cause is that acting first and producing the
one at bar. At any rate, the correctness of said findings is borne out by its owner defendant Mariano Medina under a certificate of public injury, either immediately or by setting other events in motion, all
the very testimony of petitioner Lagunda to the effect that he saw the convenience, left the town of Amadeo, Cavite, on its way to Pasay City, constituting a natural and continuous chain of events, each having a
passengers riding on the running board of the bus while the same was driven by its regular chauffeur, Conrado Saylon. There were about 18 close causal connection with its immediate predecessor, the final event in
still five or seven meters away from the truck driven by him. Indeed, the passengers, including the driver and conductor. the chain immediately effecting the injury as a natural and probable result
distance between the two vehicles was such that he could have avoided - At about 2am, while the bus was running within the jurisdiction of Imus, of the cause which first acted, under such circumstances that the person
sideswiping said passengers if his truck were not running at a great Cavite, one of the front tires burst and the vehicle began to zig-zag until it
speed. fell into a canal or ditch on the right side of the road and turned turtle. ART. 1733
11

ART. 1755
ART. 1759
ART. 1763
torts & damages A2010 - 57 - prof. casis

responsible for the first event should, as an ordinary prudent and PHILIPPINE RABBIT BUS LINES, INC v. IAC & - On the other hand, spouses Mangune and Carreon filed a cross-claim
intelligent person, have reasonable ground to expect at the moment of for the repair of the jeepney and for its non-use during the period of
CASIANO PASCUA, ET AL.,
his act or default that an injury to some person might probably result repairs.
therefrom. 189 SCRA 158 - TC: found the couple and Manalo to be NEGLIGENT and held that
Reasoning under the circumstances obtaining in the case, we do not MEDIALDEA/August 30, 1990 there was a breach of the contract of carriage with their passengers;
hesitate to hold that the proximate cause was the overturning of the bus, ordered them to pay the damages. Filriters was jointly and severally liable
this for the reason that when the vehicle turned not only on its side but NATURE: CERTIORARI as it was the jeepneys insurer. Rabbit was to be paid by the jeepney
completely on its back, the leaking of the gasoline from the tank was not FACTS: party for actual damages.
unnatural or unexpected; that the coming of the men with a lighted torch - This case is for recovery of damages for the 3 jeepney passengers who - IAC reversed this ruling in the sense that it found delos Reyes to be
was in response to the call for help, made not only by the passengers, died as a result of the collision between the Phil. Rabbits bus driven by negligent; ordered to pay jointly and severally with Rabbit the plaintiffs;
but most probably, by the driver and the conductor themselves, and that Tomas delos Reyes and the jeepney driven by Tranquilino Manalo. Applied primarily (1) the doctrine of last clear chance, (2) the presumption
because it was dark (about 2:30 in the morning), the rescuers had to - Other passengers of the jeepney sustained physical injuries. that drivers who bump the rear of another vehicle guilty and the cause of
carry a light with them, and coming as they did from a rural area where - It was said that upon reaching a certain barrio, the jeepneys right rear the accident unless contradicted by other evidence, and (3) the
lanterns and flashlights were not available; and what was more natural wheel detached which caused it to run in an unbalanced position. substantial factor test to conclude that delos Reyes was negligent.
than that said rescuers should innocently approach the vehicle to extend -Manalo stepped on the brake, as a result of which, the jeepney which ISSUE: WON THE JEEPNEY OWNERS AND ITS DRIVER ARE LIABLE
the aid and effect the rescue requested from them. Neither the driver nor was then running on the eastern lane (its right of way) made a U-turn, FOR THE INJURIES AND DEATH SUFFERED BY THE PASSENGERS
the conductor would appear to have cautioned or taken steps to warn the invading and eventually stopping on the western lane of the road in such OF THE JEEPNEY
rescuers not to bring the lighted torch too near the bus. a manner that the jeepney's front faced the south (from where it came)
- According to the evidence, one of the passengers who, because of the and its rear faced the north (towards where it was going). HELD: YES. BUT ONLY THE SPOUSES AND FILRITERS ARE
injuries suffered by her, was hospitalized, and while in the hospital, she -The jeepney practically occupied and blocked the greater portion of the LIABLE.
was visited by the defendant Mariano Medina, and in the course of his western lane, which is the right of way of vehicles coming from the north,
visit, she overheard him speaking to one of his bus inspectors, telling among which was Bus No. 753 of Rabbit REASONING:
said inspector to have the tires of the bus changed immediately because - Almost at the time when the jeepney made a sudden U-turn and TC WAS CORRECT IN APPRECIATING THE FF FACTS CONCERNING
they were already old, and that as a matter of fact, he had been telling encroached on the western lane of the highway, or after stopping for a MANALOS NEGLIGENCE.
the driver to change the said tires, but that the driver did not follow his couple of minutes, the bus bumped from behind the right rear portion of (1) That the unrebutted testimony of his passenger Caridad Pascua that
instructions. If this be true, it goes to prove that the driver had not been the jeepney which resulted in the said deaths and injuries. the Mangune jeepney was "running fast" that his passengers cautioned
diligent and had not taken the necessary precautions to insure the safety - At the time and in the vicinity of the accident, there were no vehicles driver Manalo to slow down but did not heed the warning
of his passengers following the jeepney, neither were there oncoming vehicles except the (2) The likewise unrebutted testimony of Police Investigator Tacpal of the
- The trial court was of the opinion that the proximate cause of the death bus. The weather condition of that day was fair. San Manuel (Tarlac) Police who found that the tracks of the jeepney ran
of Bataclan was not the overturning of the bus, but rather, the fire that - A criminal complaint against the two drivers for Multiple Homicide. on the Eastern shoulder (outside the concrete paved road) until it
burned the bus, including himself and his co-passengers who were - Manalo was eventually convicted and was imprisoned. The case returned to the concrete road at a sharp angle, crossing the Eastern lane
unable to leave it; that at the time the fire started, Bataclan, though he against delos Reyes was dismissed for lack of sufficient evidence. and the (imaginary) center line and encroaching fully into the western
must have suffered physical injuries, perhaps serious, was still alive, and lane where the collision took place as evidenced by the point of impact;
so damages were awarded, not for his death, but for the physical injuries ***As regards the damages. (3) The observation of witness Police Corporal Cacalda also of the San
suffered by him. - Three cases were filed and in all 3 the spouses (owners of the jeepney) Manuel Police that the path of the jeepney they found on the road \was
- In the public interest the prosecution of said erring driver should be Mangune and Carreon, (jeepney driver)Manalo, Rabbit and (Rabbits shown by skid marks which he described as "scratches on the road
pursued, this, not only as a matter of justice, but for the promotion of the driver)delos Reyes were all impleaded as defendants. caused by the iron of the jeep, after its wheel was removed;"
safety of passengers on public utility buses. - Plaintiffs anchored their suits against spouses Mangune and Carreon (4) His conviction for the crime of Multiple Homicide and Multiple Serious
Note: This case was under the heading but for. I dont know if the and Manalo on their contractual liability. Physical Injuries with Damage to Property thru Reckless Imprudence by
italicized phrases are pertinent, but these were the only ones that - As against Rabbit and delos Reyes, plaintiffs based their suits on their the CFI of Tarlac, as a result of the collision, and his commitment to
contained but for. culpability for a quasi-delict. prison and service of his sentence
- Filriters Guaranty Assurance Corporation, Inc. (the insurer of the (5) The application of the doctrine of res-ipsa loquitar attesting to the
jeepney) was also impleaded as additional defendant in the civil case circumstance that the collision occured on the right of way of the Phil.
DISPOSITION
filed by the Pascuas. Rabbit Bus.
In view of the foregoing, with the modification that the - Damages sought to be claimed in the 3 cases were for medical SC:
damages awarded by the trial court are increased to expenses, burial expenses, loss of wages, for exemplary damages, moral -The principle about "the last clear" chance would call for application in a
P6,000 and P800, for the death of Bataclan and for the damages and attorney's fees and expenses of litigation. suit between the owners and drivers of the two colliding vehicles. It does
- Rabbit filed a cross-claim for attorney's fees and expenses of litigation. not arise where a passenger demands responsibility from the carrier to
attorney's fees, respectively.
enforce its contractual obligations. For it would be inequitable to exempt
the negligent driver of the jeepney and its owners on the ground that the
torts & damages A2010 - 58 - prof. casis

other driver was likewise guilty of negligence. (Anuran, et al. v. Buo et -SC: The proximate cause of the accident was the negligence of - at about 1:30 am on November 15 1975, Leonardo Dionisio was on
al.) Manalo and spouses Mangune and Carreon. They all failed to his way home from a cocktails-and-dinner meeting with his boss.
exercise the precautions that are needed precisely pro hac vice. Dionisio had taken "a shot or two" of liquor.
-On the presumption that drivers who bump the rear of another vehicle - In culpa contractual, the moment a passenger dies or is injured, the - Dionisio was driving his Volkswagen car and had just crossed an
guilty and the cause of the accident, unless contradicted by other carrier is presumed to have been at fault or to have acted negligently, intersection when his car headlights (in his allegation) suddenly failed.
evidence: would have been correct were it not for the undisputed fact that and this disputable presumption may only be overcome by evidence that He switched his headlights on "bright" and saw a Ford dump truck
the U-turn made by the jeepney was abrupt. Delos Reyes could not have he had observed extra-ordinary diligence as prescribed in Articles 1733, about 21/2meters away from his car.
anticipated the sudden U-turn executed by Manalo. 1755 and 1756 of the New Civil Code 2 or that the death or injury of the - The dump truck, owned by and registered in the name of Phoenix
passenger was due to a fortuitous event 3 (Lasam v. Smith, Jr., 45 Phil. Construction Inc. ("Phoenix"), was parked on the right hand side of the
***With regard to the substantial factor test: 657). street (i.e., on the right hand side of a person facing in the same
- The IAC held that - To escape liability, defendants Mangune and Carreon offered to show direction toward which Dionisio's car was proceeding), facing the
. . . It is the rule under the substantial factor test that if the thru their witness Natalio Navarro, an alleged mechanic, that he oncoming traffic. It was parked askew (not parallel to the street curb)
actor's conduct is a substantial factor in bringing about harm to periodically checks and maintains the jeepney of said defendants, the in such a manner as to stick out onto the street, partly blocking the
another, the fact that the actor neither foresaw nor should have last on Dec. 23, the day before the collision, which included the tightening way of oncoming traffic. There were no lights or any so-called "early
foreseen the extent of the harm or the manner in which it occurred of the bolts. This notwithstanding the right rear wheel of the vehicle was warning" reflector devices set anywhere near the dump truck, front or
does not prevent him from being liable (Restatement, Torts, 2d). detached while in transit. As to the cause thereof no evidence was rear.
Here, We find defendant bus running at a fast speed when offered. Said defendant did not even attempt to explain, much less - The dump truck had earlier that evening been driven home by
the accident occurred and did not even make the slightest effort to avoid establish, it to be one caused by a caso fortuito. . . . petitioner Armando U. Carbonel, its regular driver, with the permission
the accident, . . . . The bus driver's conduct is thus a substantial factor in -In any event, "[i]n an action for damages against the carrier for his failure of his employer Phoenix, in view of work scheduled to be carried out
bringing about harm to the passengers of the jeepney, not only because to safely carry his passenger to his destination, an accident caused either early the following morning.
he was driving fast and did not even attempt to avoid the mishap but also by defects in the automobile or through the negligence of its driver, is not - Dionisio claimed that he tried to avoid a collision by swerving his car to
because it was the bus which was the physical force which brought about a caso fortuito which would avoid the carriers liability for damages (Son v. the left but it was too late and his car smashed into the dump truck.
the injury and death to the passengers of the jeepney. Cebu Autobus Company, 94 Phil. 892 citing Lasam, et al. v. Smith, Jr., - As a result of the collision, Dionisio suffered some physical injuries
-The speed of the bus was even calculated by the IAC. But the SC was 45 Phil. 657; Necesito, etc. v. Paras, et al., 104 Phil. 75). including some permanent facial scars, a "nervous breakdown" and
not convinced. It cannot be said that the bus was travelling at a fast loss of two gold bridge dentures.
speed when the accident occurred because the speed of 80 to 90 ***On the sole liability of the Jeepney Owners (excluding Manalo) - Trial court ruled in favor of Dionisio. IAC affirmed the lower courts
kilometers per hour, assuming such calculation to be correct, is yet within ruling, with modification on award of damages.
the speed limit allowed in highways. -the contract of carriage is between the carrier and the passenger, and in Petitionerscomments
- Delos Reyes cannot be faulted for not having avoided the collision the event of contractual liability, the carrier is exclusively responsible - the proximate cause of Dionisio's injuries was his own recklessness in
because as was shown, the jeepney left a skid mark of about 45 meters, therefore to the passenger, even if such breach be due to the negligence driving fast at the time of the accident, while under the influence of
measured from the time its right rear wheel was detached up to the point of his driver (Viluan v. CA, et al., April 29, 1966, 16 SCRA 742). liquor, without his headlights on and without a curfew pass.
of collision. - if the driver is to be held jointly and severally liable with the carrier, that - if there was negligence in the manner in which the dump truck was
- Delos Reyes admitted that he was running more or less 50 kph at the would make the carrier's liability personal, contradictory to the explicit parked, that negligence was merely a "passive and static condition"
time of the accident. Using this speed, delos Reyes covered the distance provision of A 2181 of the NCC. and that private respondent Dionisio's recklessness constituted an
of 45 meters in 3.24 seconds. If We adopt the speed of 80 kilometers per intervening, efficient cause determinative of the accident and the
hour, delos Reyes would have covered that distance in only 2.025 DISPOSITION: TC S DECISION WAS REINSTATED and AFFIRMED injuries he sustained. (NOTE: this was the contention of petitioners
seconds. Verily, he had little time to react to the situation. BUT MODIFICATION THAT ONLY THE COUPLE AND THE FILRITERS which SC noted in is decision)
- To require delos Reyes to avoid the collision is to ask too much from GUARANTY ASSURANCE CORP. INC WERE LIABLE. AFFIRMED TOO Private respondents comments
him. Aside from the time element involved, there were no options THE AMOUNT OF DAMAGES BUT MODIFIED THE INDEMNITY FOR - the legal and proximate cause of his injuries was the negligent
available to him. LOSS OF LIFE FROM 3K (AS PER A1746 TO A2206 NCC) TO 30K. manner in which Carbonel had parked the dump truck entrusted to
- Also, It was shown by the pictures that driver delos Reyes veered his him by his employer Phoenix
Rabbit bus to the right attempt to avoid hitting the Mangune's jeepney. PHOENIX CONSTRUCTION INC v IAC (DIONISIO)
That it was not successful in fully clearing the Mangune jeepney as its Issue:
(Rabbit's) left front hit said jeepney must have been due to limitations of 148 SCRA 353 WON the proximate cause of the accident was Dionisios negligence
space and time. FELICIANO; Mar 10, 1987 (driving faster than he should have, and without headlights) or the
- That delos Reyes of the Rabbit bus could also have swerved to its left negligence of the driver in parking the truck.
(eastern lane) to avoid bumping the Mangune jeepney which was then on Nature:
the western lane: Under such a situation, he would run the greater risk of Petition to review the decision of the IAC Held:
running smack in the Mangune jeepney either head on or broadside as - it is the drivers negligence. (see previous digest)
the jeepney then was abruptly making a U-turn. Facts: - ON CAUSE v CONDITION (under IV A 3c, page 5 of outline)
torts & damages A2010 - 59 - prof. casis

- petitioners' arguments are drawn from a reading of some of the older MONTEMAYOR; May 18, 1956 the danger lurking in them. But unfortunately, in the instant case, his
cases in various jurisdictions in the United States. These arguments, training and experience failed him, and forgetting where he was standing,
however, do not have any validity in this jurisdiction. holding the 6-ft iron sheet with both hands and at arms length, evidently
NATURE
- Even in the United States, the distinctions between" cause" and without looking, and throwing all prudence and discretion to the winds, he
Review by certiorari of a CA decision
"condition" have already been "almost entirely discredited." Professors turned around swinging his arms with the motion of his body, thereby
Prosser and Keeton make this quite clear: causing his own electrocution.
FACTS
Many courts have sought to distinguish between the active Disposition CA decision reversed. Complaint against company
- Efren Magno went to his stepbrothers 3-story house to fix a leaking
"cause" of the harm and the existing "conditions" upon dismissed
media agua, (downspout). He climbed up to the media agua which was
which that cause operated. If the defendant has created only
just below the 3rd floor window and stood on it to receive a galvanized
a passive static condition which made the damage possible,
iron sheet through the said window. After grabbing hold of the sheet, he RODRIGUEZA V. MANILA RAILROAD COMPANY
the defendant is said not to be liable. But so far as the fact of
turned around and a portion of the iron sheet he was holding came into STREET; November 19, 1921
causation is concerned, in the sense of necessary
contact with an electric wire of Manila Electric Company (the Company)
antecedents which have played an important part in
strung 2.5 ft parallel to the edge of the media agua, electrocuting him and
producing the result, it is quite impossible to distinguish NATURE
killing him.
between active forces and passive situations, particularly Appeal from judgment of CFI
- His widow and children filed a suit to recover damages from the
since, as is invariably the case the latter (is) the result of
company and the TC rendered judgment in their favor. The Company
other active forces which have gone before. The defendant FACTS
appealed to the CA, which affirmed the judgment. It is this CA decision
who spills gasoline about the premises creates a "condition," Rodrigueza et al seek damages fr fire kindled by sparks fr a locomotive
the Company now seeks to appeal.
but the act may be culpable because of the danger of fire. engine. The fire was communicated to four houses nearby. All of these
When a spark ignites the gasoline, the condition has done houses were of light construction, except that of Rodrigueza which was of
ISSUE
quite as much to bring about the fire as the spark; and since strong materials. Plaintiffs say that the company failed to supervise their
WON the Companys negligence in the installation and maintenance of
that is the very risk which the defendant has created, the employees properly and was negligent in allowing locomotive to operate
its wires was the proximate cause of the death
defendant will not escape responsibility. Even the lapse of a without smokestack protection for arresting sparks. They also say that
considerable time during which the "condition" remains static the sparks were produced by an inferior fuel used by the company
HELD
will not necessarily affect liability; one who digs a trench in Bataan coal.
No. It merely provided the condition from which the cause arose (it set
the highway may still be liable to another who falls into it a Defense said Rodiguezas house stood partly within limits of land owned
the stage for the cause of the injury to occur).
month afterward. "Cause" and "condition" still find occasional by company. Rodrigueza didnt mind the warnings from the company.
Ratio A prior and remote cause (which furnishes the condition or gives
mention in the decisions; but the distinction is now almost His houses materials included nipa and cogon, this indicates contributory
rise to the occasion by which an injury was made possible) cannot be the
entirely discredited. So far as it has any validity at all, it must negligence on his part.
basis of an action if a distinct, successive, unrelated and efficient cause
refer to the type of case where the forces set in operation by Trial judge decided against Manila Railroad, which appealed.
of the injury intervenes between such prior and remote cause and the
the defendant have come to rest in a position of apparent
injury.
safety, and some new force intervenes. But even in such ISSUE
If no danger existed in the condition except because of the
cases, it is not the distinction between "cause" and WON damage was caused by Rodriguezas contributory negligence
independent cause, such condition was not the proximate cause. And if
"condition" which is important, but the nature of the risk and
an independent negligent act or defective condition sets into operation
the character of the intervening cause." HELD
the circumstances which result in injury because of the prior defective
- the truck driver's negligence, far from being a "passive and static Yes.
condition, such subsequent act or condition is the proximate cause.
condition", was an indispensable and efficient cause. The collision - Manila Railroads defense is not a bar to recovery by the other plaintiffs.
Reasoning We fail to see how the Company could be held guilty of
would not have occurred had the dump truck not been parked askew - There was no proof that Rodrigueza unlawfully intruded upon
negligence or as lacking in due diligence. To us it is clear that the
without any warning lights or reflector devices. The improper parking companys property. His house was there before the railroad companys
principal and proximate cause of the electrocution was not the electric
of the dump truck created an unreasonable risk of injury for anyone property. He may be at risk for fire, but should not bear loss if the fire
wire, evidently a remote cause, but rather the reckless and negligent act
driving down that street and for having so created this risk, the truck resulted from the companys negligence.
of Magno in turning around and swinging the galvanized iron sheet
driver must be held responsible. - The PROXIMATE AND ONLY CAUSE of the damage was the negligent
without taking any precaution, such as looking back toward the street and
Dionisio's negligence, although later in point of time than the truck act of the company. That Rodriguezas house was near was an
at the wire to avoid its contacting said iron sheet, considering the latter's
driver's negligence and therefore closer to the accident, was not an ANTECEDENT CONDITION but that cant be imputed to him as
length of 6 feet.
efficient intervening or independent cause. What the petitioners describe CONTRIBUTORY NEGLIGENCE because that condition was not created
- The real cause of the accident or death was the reckless or negligent
as an "intervening cause" was only a foreseeable consequence of the by himself and because his house remained by the toleration and
act of Magno himself. When he was called by his stepbrother to repair
risk created by the truck drivers negligence consent of company and because even if the house was improperly
the media agua just below the third story window, it is to be presumed
there, company had no right to negligently destroy it. The company could
that due to his age and experience he was qualified to do so. Perhaps he
have removed the house through its power of eminent domain.
MANILA ELECTRIC v REMOQUILLO was a tinsmith or carpenter and had had training and experience for the
99 PHIL 117 job. So, he could not have been entirely a stranger to electric wires and
torts & damages A2010 - 60 - prof. casis

MCKEE v IAC, TAYAG - Findings of facts of the trial courts and the Court of Appeals may be set sufficient intervening event, the negligent act of the truck driver, which
aside when such findings are not supported by the evidence or when the was the actual cause of the tragedy. The entry of the car into the lane of
211 SCRA 517
trial court failed to consider the material facts which would have led to a the truck would not have resulted in the collision had the latter heeded
DAVIDE; July 16, 1992 conclusion different from what was stated in its judgment. the emergency signals given by the former to slow down and give the car
- The respondent Court held that the fact that the car improperly invaded an opportunity to go back into its proper lane. Instead of slowing down
NATURE the lane of the truck and that the collision occurred in said lane gave rise and swerving to the far right of the road, which was the proper
Appeal from decision of the IAC to the presumption that the driver of the car, Jose Koh, was negligent. On precautionary measure under the given circumstances, the truck driver
the basis of this presumed negligence, IAC immediately concluded that it continued at full speed towards the car.
FACTS was Jose Koh's negligence that was the immediate and proximate cause - The truck driver's negligence is apparent in the records. He himself said
- A head-on-collision took place between a cargo truck owned by private of the collision. This is an unwarranted deduction as the evidence for the that his truck was running at 30 miles (48 km) per hour along the bridge
respondents, and driven by Ruben Galang, and a Ford Escort car driven petitioners convincingly shows that the car swerved into the truck's lane while the maximum speed allowed by law on a bridge is only 30 kph.
by Jose Koh. The collision resulted in the deaths of Jose Koh, Kim Koh because as it approached the southern end of the bridge, two boys Under Article 2185 of the Civil Code, a person driving a vehicle is
McKee and Loida Bondoc, and physical injuries to George Koh McKee, darted across the road from the right sidewalk into the lane of the car. presumed negligent if at the time of the mishap, he was violating any
Christopher Koh McKee and Araceli Koh McKee, all passengers of the - Negligence is the omission to do something which a reasonable man, traffic regulation.
Ford Escort. guided by those considerations which ordinarily regulate the conduct of - Even if Jose Koh was indeed negligent, the doctrine of last clear chance
- When the northbound Ford Escort was about 10 meters away from the human affairs, would do, or the doing of something which a prudent and finds application here. Last clear chance is a doctrine in the law of torts
southern approach of the bridge, two boys suddenly darted from the right reasonable man would not do which states that the contributory negligence of the party injured will not
side of the road and into the lane of the car. Jose Koh blew the horn of - The test by which to determine the existence of negligence in a defeat the claim for damages if it is shown that the defendant might, by
the car, swerved to the left and entered the lane of the truck; he then particular case: Did the defendant in doing the alleged negligent act use the exercise of reasonable care and prudence, have avoided the
switched on the headlights of the car, applied the brakes and thereafter that reasonable care and caution which an ordinarily prudent person consequences of the negligence of the injured party. In such cases, the
attempted to return to his lane. Before he could do so, his car collided would have used in the same situation? If not, then he is guilty of person who had the last clear chance to avoid the mishap is considered
with the truck. The collision occurred in the lane of the truck, which was negligence. in law solely responsible for the consequences thereof.
the opposite lane, on the said bridge. - Using the test, no negligence can be imputed to Jose Koh. Any - Last clear chance: The doctrine is that the negligence of the plaintiff
- Two civil cases were filed on Jan 31, 1977. reasonable and ordinary prudent man would have tried to avoid running does not preclude a recovery for the negligence of the defendant where it
- On 1 March 1977, an Information charging Ruben Galang with the over the two boys by swerving the car away from where they were even if appears that the defendant, by exercising reasonable care and prudence,
crime of "Reckless Imprudence Resulting in Multiple Homicide and this would mean entering the opposite lane. might have avoided injurious consequences to the plaintiff
Physical Injuries and Damage to Property" was filed with the trial court. - Moreover, under what is known as the emergency rule, "one who notwithstanding the plaintiff's negligence. The doctrine of last clear
- Judge Capulong found Galang guilty of the criminal charge and ordered suddenly finds himself in a place of danger, and is required to act without chance means that even though a person's own acts may have placed
him to pay damages. Galang appealed to IAC. IAC affirmed decision. time to consider the best means that may be adopted to avoid the him in a position of peril, and an injury results, the injured person is
- Judge Castaneda dismissed the 2 civil cases and awarded private impending danger, is not guilty of negligence, if he fails to adopt what entitled to recovery. a person who has the last clear chance or
respondents moral damages and exemplary damages, and attorneys subsequently and upon reflection may appear to have been a better opportunity of avoiding an accident, notwithstanding the negligent acts of
fee. Petitioners appealed to IAC. In its consolidated decision of the civil method, unless the emergency in which he finds himself is brought about his opponent or that of a third person imputed to the opponent is
cases, it reversed the ruling of the trial court and ordered the defendants by his own negligence. considered in law solely responsible for the consequences of the
to pay damages. The decision is anchored principally on the findings that - Assuming, arguendo that Jose Koh is negligent, it cannot be said that accident. The practical import of the doctrine is that a negligent defendant
it was Galang's inattentiveness or reckless imprudence which caused the his negligence was the proximate cause of the collision. Proximate cause is held liable to a negligent plaintiff, or even to a plaintiff who has been
accident. The appellate court further said that the law presumes has been defined as: that cause, which, in natural and continuous grossly negligent in placing himself in peril, if he, aware of the plaintiff's
negligence on the part of the defendants, as employers of Galang, in the sequence, unbroken by any efficient intervening cause, produces the peril, or according to some authorities, should have been aware of it in
selection and supervision of the latter; it was further asserted that these injury, and without which the result would not have occurred; the the reasonable exercise of due care, had in fact an opportunity later than
defendants did not allege in their Answers the defense of having proximate legal cause is that acting first and producing the injury, either that of the plaintiff to avoid an accident.
exercised the diligence of a good father of a family in selecting and immediately or by setting other events in motion, all constituting a natural - As employers of the truck driver, the private respondents are, under
supervising the said employee. and continuous chain of events, each having a close causal connection Article 2180 of the Civil Code, directly and primarily liable for the resulting
- In an MFR, the decision for the consolidated civil cases was reversed. with its immediate predecessor, the final event in the chain immediately damages. The presumption that they are negligent flows from the
Hence this petition. effecting the injury as a natural and probable result of the cause which negligence of their employee. That presumption, however, is only juris
first acted, under such circumstances that the person responsible for the tantum, not juris et de jure. Their only possible defense is that they
ISSUES first event should, as an ordinary prudent and intelligent person, have exercised all the diligence of a good father of a family to prevent the
WON respondent Court's findings in its challenged resolution are reasonable ground to expect at the moment of his act or default that an damage. The answers of the private respondents in the civil cases did
supported by evidence or are based on mere speculations, conjectures injury to some person might probably result therefrom. not interpose this defense. Neither did they attempt to prove it.
and presumptions. On the separate civil and criminal actions
- Although it may be said that the act of Jose Koh, if at all negligent, was
- The civil cases, which were for the recovery of civil liability arising from
HELD the initial act in the chain of events, it cannot be said that the same
a quasi-delict under Article 2176 in relation to Article 2180 of the Civil
YES caused the eventual injuries and deaths because of the occurrence of a
torts & damages A2010 - 61 - prof. casis

Code, were filed ahead of criminal case. They were eventually across the street. They told the students not to rush out but just to go Ratio it is not ownership which determines the character of buildings
consolidated for joint trial. The records do not indicate any attempt on the down the stairway two by two, or to use the fire-escapes. The panic, subject to its requirements, but rather the use or the purpose for which a
part of the parties, and it may therefore be reasonably concluded that however, could not be subdued and the students kept on rushing and particular building, is utilized.
none was made, to consolidate criminal case with the civil cases, or vice- pushing their way through the stairs, thereby causing stampede. No part Reasoning Thus the same may be privately owned, but if it is devoted to
versa. of the Gil-Armi Building caught fire. But, after the panic was over, four any one of the purposes mentioned in the ordinance - for instance as a
- Section 1, Rule 31 of the Rules of Court, which seeks to avoid a students, including Lourdes Fernandez, sister of plaintiffs, were found school, which the Realistic Institute precisely was - then the building is
multiplicity of suits, guard against oppression and abuse, prevent delays, dead and several others injured on account of the stampede. within the coverage of the ordinance. Indeed the requirement that such a
clear congested dockets to simplify the work of the trial court, or in short, - The CFI of Manila found for the defendant and dismissed the case. The building should have two (2) separate stairways instead of only one (1)
attain justice with the least expense to the parties litigants, would have plaintiffs appealed to the CA, which by a divided vote of 3 to 2 (a special has no relevance or reasonable relation to the fact of ownership, but
easily sustained a consolidation, thereby preventing the unseeming, if no division of five members having been constituted) rendered a judgment of does have such relation to the use or purpose for which the building is
ludicrous, spectacle of two judges appreciating, according to their reversal and sentenced the defendant to pay damages to the plaintiffs in devoted.
respective orientation, perception and perhaps even prejudice, the same the sum of P11,000, plus interest at the legal rate from the date the 2. NO.
facts differently, and thereafter rendering conflicting decisions. Such was complaint was filed. Reasoning It was the use of the building for school purposes which
what happened in this case. - The CA declared that Teague was negligent and that such negligence brought the same within the coverage of the ordinance; and it was the
- The responsibility arising from fault or negligence in a quasi-delict is was the proximate cause of the death of Lourdes Fernandez. This finding petitioner and not the owners who were responsible for such use.
entirely separate and distinct from the civil liability arising from negligence of negligence is based primarily on the fact that the provision of Section 3. YES.
under the Penal Code. In the case of independent civil actions under the 491 of the Revised Ordinances of the City of Manila had not been Ratio The violation of a statute or ordinance is not rendered remote as
new Civil Code, the result of the criminal case, whether acquittal or complied with in connection with the construction and use of the Gil-Armi the cause of an injury by the intervention of another agency if the
conviction, would be entirely irrelevant to the civil action. What remains to building. This provision reads as follows: occurrence of the accident, in the manner in which it happened, was the
be the most important consideration as to why the decision in the criminal "Sec. 491. Fireproof partitions, exits and stairways - All buildings and very thing which the statute or ordinance was intended to prevent.
case should not be considered in this appeal is the fact that private separate sections of buildings or buildings otherwise known as Reasoning The proximate legal cause is that acting first and producing
respondents were not parties therein. accessorias having less than three stories, having one or more persons the injury, either immediately or by settling other events in motion, all
Dispositive Petition granted. Assailed decision set aside while its original domiciled therein either temporarily or permanently, and all public or constituting a natural and continuous chain of events, each having a
is REINSTATED, subject to the modification that the indemnity for death quasipublic buildings having less than three stories, such as hospitals, close causal connection with its immediate predecessor, the final event in
is increased from P12,000.00 to P50,000.00 each for the death of Jose sanitarium, schools, reformatories, places of human detention, assembly the chain immediately affecting the injury as a natural and probable result
Koh and Kim Koh McKee halls, clubs, restaurants or panciterias, and the like, shall be provided of the cause which first acted, under such circumstances that the person
with at least two unobstructed stairways of not less than one meter and responsible for the first event should, as an ordinarily prudent and
TEAGUE VS. FERNANDEZ twenty centimeters in width and an inclination of not less than forty intelligent person, have reasonable ground to expect at the moment of
degrees from the perpendicular, in case of large buildings more than two his act or default that an injury to some person might probably result
51 SCRA 181
stairways shall likewise be provided when required by the chief of the fire there from. [Citing Bataclan v Medina]
MAKALINTAL; June 4, 1973 department, said stairways shall be placed as far apart as possible." - The petitioner relates the chain of events that resulted in the death of
The alleged violation of the ordinance consisted is that the second storey Lourdes Fernandez as follows: (1) violation of ordinance; (2) fire at a
FACTS of the building had only one stairway, 1.5 meters wide, instead of two of neighboring place; (3) shouts of "Fire!, Fire!"; (4) panic in the Institute; (5)
- The Realistic Institute, owned and operated by Mercedes M. Teague, at least 1.2 meters each, although at the time of the fire the owner of the stampede; and (6) injuries and death. The violation of the ordinance, it is
was a vocational school for hair and beauty culture situated on the building had a second stairway under construction. argued, was only a remote cause, and cannot be the basis of liability
second floor of the Gil-Armi Building, a two-storey, semi-concrete edifice since there intervened a number of independent causes which produced
located at the comer of Quezon Boulevard and Soler Street, Quiapo, ISSUES the injury complained of.
Manila. The second floor was unpartitioned, had a total area of about 400 1. WON Section 491 of the Revised Ordinances of the City of Manila - A prior and remote cause cannot be made the basis of an action if such
square meters, and although it had only one stairway, of about 1.50 refers only to public buildings and hence did not apply to the Gil-Armi remote cause did nothing more than furnish the condition or give rise to
meters in width, it had eight windows, each of which was provided with building which was of private ownership the occasion by which the injury was made possible, if there intervened
two fire-escape ladders, and the presence of each of the fire exits was 2. WON the ordinance devolved upon the owners of the building and between such prior or remote cause and the injury a distinct, successive,
indicated on the wall. therefore it is they and not the petitioner, who is a mere lessee, who unrelated, and efficient cause of the injury, even though such injury would
- In the afternoon of October 24, 1955, a fire broke out in a store for should be liable for the violation not have happened but for such condition or occasion. If no danger
surplus materials located about ten meters away from the institute. Soler 3. WON the failure to comply with the requirement of the ordinance was existed in the condition except because of the independent cause, such
Street lay between that store and the institute. Upon seeing the fire, the proximate cause of the death of Lourdes Fernandez condition was not the proximate cause. And if an independent negligent
some of the students in the Realistic Institute shouted 'Fire! Fire!' and act or defective condition sets into operation the circumstances which
thereafter, a panic ensued. Four instructresses and six assistant HELD result in injury because of the prior defective condition, such subsequent
instructresses of the institute were present and they, together with the 1. NO. act or condition is the proximate cause. [Citing MERALCO v
registrar, tried to calm down the students, who numbered about 180 at Remoquillo]
the time, telling them not to be afraid because the Gil-Armi Building would
not get burned as it is made of concrete, and that the fire was anyway,
torts & damages A2010 - 62 - prof. casis

- According to the petitioner "the events of fire, panic and stampede were However, given the novelty of the apparition and the rapidity of the In the nature of things this change of situation occurred while the
independent causes with no causal connection at all with the violation of approach, he pulled the pony closely up against the railing on the automobile was yet some distance away; and from this moment it
the ordinance." The weakness in the argument springs from a faulty right side of the bridge instead of going to the left. was no longer within the power of the plaintiff to escape being run
juxtaposition of the events which formed a chain and resulted in the He did this because he thought he did not have sufficient time to down by going to a place of greater safety.
injury. It is true that the petitioner's non-compliance with the ordinance in get over to the other side. The control of the situation had then passed entirely to the
question was ahead of and prior to the other events in point of time, in As the automobile approached, the defendant guided it toward his defendant; and it was his duty either to bring his car to an
the sense that it was coetaneous with its occupancy of the building. But left, that being the proper side of the road for the machine. immediate stop or, seeing that there were no other persons on the
the violation was a continuing one, since the ordinance was a measure of In so doing the defendant assumed that the horseman would move bridge, to take the other side and pass sufficiently far away from
safety designed to prevent a specific situation which would pose a to the other side. the horse to avoid the danger of collision.
danger to the occupants of the building. That situation was undue The pony had not as yet exhibited fright, and the rider had made no The defendant ran straight on until he was almost upon the horse.
overcrowding in case it should become necessary to evacuate the sign for the automobile to stop. He was, the court thinks, deceived into doing this by the fact that
building, which, it could be reasonably foreseen, was bound to happen Seeing that the pony was apparently quiet, the defendant, instead the horse had not yet exhibited fright.
under emergency conditions if there was only one stairway available. It is of veering to the right while yet some distance away or slowing But in view of the known nature of horses, there was an
true that in this particular case there would have been no overcrowding in down, continued to approach directly toward the horse without appreciable risk that, if the animal in question was unacquainted
the single stairway if there had not been a fire in the neighborhood which diminution of speed. with automobiles, he might get excited and jump under the
caused the students to panic and rush headlong for the stairs in order to When he had gotten quite near, there being then no possibility of conditions which here confronted him.
go down. But it was precisely such contingencies or events that the the horse getting across to the other side, the defendant quickly When the defendant exposed the horse and rider to this danger, he
authors of the ordinance had in mind, for under normal conditions one turned his car sufficiently to the right to escape hitting the horse was, in our opinion, negligent in the eye of the law.
stairway would be adequate for the occupants of the building. alongside of the railing where it as then standing; but in so doing The test by which to determine the existence of negligence in
- To consider the violation of the ordinance as the proximate cause of the the automobile passed in such close proximity to the animal that it a particular case may be stated as follows: Did the defendant
injury does not portray the situation in its true perspective; it would be became frightened and turned its body across the bridge with its in doing the alleged negligent act use that reasonable care
more accurate to say that the overcrowding at the stairway was the head toward the railing. and caution which an ordinarily prudent person would have
proximate cause and that it was precisely what the ordinance intended to In so doing, it was struck on the hock of the left hind leg by the used in the same situation? If not, then he is guilty of negligence.
prevent by requiring that there be two stairways instead of only one. flange of the car and the limb was broken. The law here in effect adopts the standard supposed to be supplied
Under the doctrine of the cases cited by the respondents, the principle of The horse fell and its rider was thrown off with some violence. by the imaginary conduct of the discreet paterfamilias of the
proximate cause applies to such violation. As a result of its injuries the horse died. Roman law.
Dispositive Decision appealed from is affirmed. The plaintiff received contusions which caused temporary The existence of negligence in a given case is not determined by
unconsciousness and required medical attention for several days. reference to the personal judgment of the actor in the situation
PICART V SMITH CFI absolved defendant from liability before him. The law considers what would be reckless,
Hence, the appeal blameworthy, or negligent in the man of ordinary intelligence and
STREET; March 15, 1918
prudence and determines liability by that.
ISSUE The question as to what would constitute the conduct of a prudent
NATURE WON the defendant, in maneuvering his car in the manner above man in a given situation must of course be always determined in
Appeal from a judgment of the CFI of La Union described, was guilty of negligence that would give rise to a civil the light of human experience and in view of the facts involved in
obligation to repair the damage done the particular case. Could a prudent man, in the case under
FACTS consideration, foresee harm as a result of the course actually
On December 12, 1912, plaintiff was riding on his pony over the Ratio: The person who has the last fair chance to avoid the pursued? If so, it was the duty of the actor to take precautions to
Carlatan Bridge, at San Fernando, La Union. impending harm and fails to do so is chargeable with the guard against that harm. Reasonable foresight of harm, followed by
Before he had gotten half way across, the defendant approached consequences, without reference to the prior negligence of the ignoring of the suggestion born of this prevision, is always
from the opposite direction in an automobile, going at the rate of other part. necessary before negligence can be held to exist.
about ten or twelve miles per hour. Stated in these terms, the proper criterion for determining the
As the defendant neared the bridge he saw the plaintiff and blew HELD existence of negligence in a given case is this: Conduct is said to
his horn to give warning of his approach. Yes. be negligent when a prudent man in the position of the tortfeasor
He continued his course and after he had taken the bridge, he As the defendant started across the bridge, he had the right to would have foreseen that an effect harmful to another was
gave two more successive blasts, as it appeared to him that the assume that the horse and the rider would pass over to the proper sufficiently probable to warrant his foregoing conduct or guarding
man on horseback before him was not observing the rule of the side; but as he moved toward the center of the bridge it was against its consequences.
road. demonstrated to his eyes that this would not be done; and he must Applying this test to the conduct of the defendant in the present
The plaintiff saw the automobile coming and heard the warning in a moment have perceived that it was too late for the horse to case, negligence is clearly established. A prudent man, placed in
signals. cross with safety in front of the moving vehicle. the position of the defendant, would have recognized that the
course which he was pursuing was fraught with risk, and would
torts & damages A2010 - 63 - prof. casis

therefore have foreseen harm to the horse and the rider as been driven home by Carbonel, its regular driver. Dionisio claimed that
reasonable consequence of that course. Under these HELD: he tried to avoid a collision by swerving his car to the left but it was too
circumstances the law imposed on the defendant the duty to guard 1. NO late and his car smashed into the dump truck. As a result of the collision,
against the threatened harm. Ratio: The doctrine of last clear chance applies only between the Dionisio suffered some physical injuries including some permanent facial
The plaintiff himself was not free from fault, for he was guilty of negligent parties. It does not apply in a case wherein a victim (who is an scars, a "nervous breakdown" and loss of two gold bridge dentures.
antecedent negligence in planting himself on the wrong side of the outsider to the cause of the accident) demands liability from the negligent - Dionisio commenced an action for damages claiming that the legal and
road. It will be noted however, that the negligent acts of the two parties. proximate cause of his injuries was the negligent manner in which
parties were not contemporaneous, since the negligence of the Reasoning: The doctrine of last clear chance, stated broadly, is that the Carbonel had parked the dump truck. Phoenix and Carbonel countered
defendant succeeded the negligence of the plaintiff by an negligence of the plaintiff does not preclude a recovery for the negligence that the proximate cause of Dionisio's injuries was his own recklessness
appreciable interval. Under these circumstances the law is that the of the defendant where it appears that the defendant, by exercising in driving fast at the time of the accident, while under the influence of
person who has the last fair chance to avoid the impending harm reasonable care and prudence, might have avoided injurious liquor, without his headlights on and without a curfew pass. Phoenix also
and fails to do so is chargeable with the consequences, without consequences to the plaintiff notwithstanding the plaintiffs negligence. In sought to establish that it had exercised due care in the selection and
reference to the prior negligence of the other party. other words, the doctrine of last clear chance means that even though a supervision of the dump truck driver.
person's own acts may have placed him in a position of peril, and an - CFI: in favor of Dionisio
injury results, the injured person is entitled to recovery. As the doctrine is - IAC: affirmed TC but modified amounts
Dispositive: Appealed decision is reversed.
usually stated, a person who has the last clear chance or opportunity of
avoiding an accident, notwithstanding the negligent acts of his opponent ISSUE
BUSTAMANTE V CA (DEL PILAR AND MONTESIANO) or that of a third person imputed to the opponent is considered in law (obiter) WON last clear chance doctrine should be applied therefore
193 SCRA 603 solely responsible for the consequences of the accident (Sangco). exculpating Phoenix from paying any damages
A negligent defendant is held liable to a negligent plaintiff, or even to a
MEDIALDEA; February 6, 1991
plaintiff who has been grossly negligent in placing himself in peril, if he, HELD
aware of the plaintiff's peril, or according to some authorities, should have NO
NATURE: petition for certiorari to review decision of CA
been aware of it in the reasonable exercise of due case, had in fact an - We hold that private respondent Dionisio's negligence was "only
opportunity later than that of the plaintiff to avoid an accident (Am. Jur). contributory," that the "immediate and proximate cause" of the injury
FACTS: a truck and a passenger bus sideswept each other, causing the
As against 3rd persons, a negligent actor cant defend by saying that remained the truck driver's "lack of due care" and that consequently
deaths of the passengers of the bus. This is the way the collision
another had negligently failed to take action which would have avoided respondent Dionisio may recover damages though such damages are
happened:
injury. subject to mitigation by the courts (Article 2179, Civil Code of the
The bus, driven by Susulin, was traversing an inclined road when the
Philippines).
driver saw from 30 meters away an approaching truck (driven by
Disposition: Petition GRANTED. Defendants Del Pilar and Montesiano Obiter
Montesiano), going very fast and the front wheels wiggling. The bus
ordered to pay damages with other defendants - Phoenix and Carbonel also ask us to apply what they refer to as the
driver also observed that the truck was heading towards his lane. Not
"last clear chance" doctrine. The theory here of petitioners is that while
minding this circumstance due to his belief that the truck driver was
PHOENIX CONSTRUCTION INC V IAC (DIONISIO) the petitioner truck driver was negligent, private respondent Dionisio had
merely joking, Susulin shifted from 4th to 3rd gear in order to give more
the "last clear chance" of avoiding the accident and hence his injuries,
power and speed to the bus, which was ascending the inclined part of the 148 SCRA 353
and that Dionisio having failed to take that "last clear chance" must bear
road, in order to overtake a Kubota hand tractor being pushed by a FELICIANO; March 10, 1987 his own injuries alone. The last clear chance doctrine of the common law
person along the shoulder of the highway. While the bus was in the NATURE was imported into our jurisdiction by Picart vs. Smith but it is a matter for
process of overtaking or passing the hand tractor and the truck was PETITION for review of the decision of the IAC debate whether, or to what extent, it has found its way into the Civil Code
approaching the bus, the two vehicles sideswiped each other at each
of the Philippines. The historical function of that doctrine in the common
other's left side. FACTS law was to mitigate the harshness of another common law doctrine or
The heirs of the victims filed for damages. The RTC awarded damages, - 130AM 15 November 1975 - Leonardo Dionisio, driving his Volkswagen rule-that of contributory negligence. The common law rule of contributory
saying that the negligent acts of both drivers were the cause of the car, was on his way home to Makati from a cocktails-and-dinner meeting negligence prevented any recovery at all by a plaintiff who was also
accident, thus their liability must be solidary. The driver and owner of the with his boss where had taken "a shot or two" of liquor. Crossing the negligent, even if the plaintiff's negligence was relatively minor as
truck appealed to the CA, which was denied at first, but was granted on intersection of General Lacuna and General Santos Streets at Bangkal, compared with the wrongful act or omission of the defendant. The
MFR, absolving the defendants based on the doctrine of last clear Makati, not far from his home, when his car headlights (in his allegation) common law notion of last clear chance permitted courts to grant
chance, saying that the bus driver had the last clear chance to avoid the suddenly failed. He switched his headlights on "bright" and thereupon he recovery to a plaintiff who had also been negligent provided that the
accident, and that his negligence was the proximate cause of the same. saw a Ford dump truck looming some 21/2meters away from his car. The defendant had the last clear chance to avoid the casualty and failed to do
dump truck, owned and registered by Phoenix Construction Inc. was so. Accordingly, it is difficult to see what role, if any, the common law last
ISSUES: parked askew (partly blocking the way of oncoming traffic) on the right clear chance doctrine has to play in a jurisdiction where the common law
1. WON the CA was correct in absolving the driver and owner of the truck hand side of General Lacuna Street facing the oncoming traffic. There concept of contributory negligence as an absolute bar to recovery by the
(answered by WON CA correctly applied the doctrine of last clear were no lights nor any so-called "early warning" reflector devices set plaintiff, has itself been rejected, as it has been in A2179 CC
chance) anywhere near the dump truck. The dump truck had earlier that evening
torts & damages A2010 - 64 - prof. casis

- Is there perhaps a general concept of "last clear chance" that may be deposits, on all occasions, were not credited to RMC's account but were - Negligence is the omission to do something which a reasonable man,
extracted from its common law matrix and utilized as a general rule in instead deposited to Account No. 53-01734-7 of Yabut's husband, guided by those considerations which ordinarily regulate the conduct of
negligence cases in a civil law jurisdiction like ours? We do not believe Bienvenido Cotas who likewise maintains an account with the same human affairs, would do, or the doing of something which a prudent and
so. Under A2179, the task of a court, in technical terms, is to determine bank. reasonable man would do.
whose negligence-the plaintiff's or the defendant's-was the legal or - During this period, petitioner bank had been regularly furnishing private - Picart v. Smith. The test by which to determine the existence of
proximate cause of the injury. That task is not simply or even primarily an respondent with monthly statements showing its current accounts negligence in a particular case: Did the defendant in doing the alleged
exercise in chronology or physics, as the petitioners seem to imply by the balances. Unfortunately, it had never been the practice of Romeo Lipana negligent act use that reasonable care and caution which an ordinarily
use of terms like "last" or "intervening" or "immediate." The relative to check these monthly statements of account reposing complete trust prudent person would have used in the same situation? If not, then he is
location in the continuum of time of the plaintiff's and the defendant's and confidence on petitioner bank. guilty of negligence. The law here in effect adopts the standard supposed
negligent acts or omissions, is only one of the relevant factors that may -Irene Yabut would accomplish two copies of the deposit slip, an original to be supplied by the imaginary conduct of the discreet paterfamilias of
be taken into account. Of more fundamental importance are the nature of and a duplicate. The original showed the name of her husband as the Roman law. The existence of negligence in a given case is not
the negligent act or omission of each party and the character and gravity depositor and his current account number. On the duplicate copy was determined by reference to the personal judgment of the actor in the
of the risks created by such act or omission for the rest of the community. written the account number of her husband but the name of the account situation before him. The law considers what would be reckless,
The petitioners urge that the truck driver (and therefore his employer) holder was left blank. PBC's teller, Azucena Mabayad, would, however, blameworthy, or negligent in the man of ordinary intelligence and
should be absolved from responsibility for his own prior negligence validate and stamp both the original and the duplicate of these deposit prudence and determines liability by that.
because the unfortunate plaintiff failed to act with that increased diligence slips retaining only the original copy despite the lack of information on the - the bank's teller, Ms. Azucena Mabayad, was negligent in validating,
which had become necessary to avoid the peril precisely created by the duplicate slip. The second copy was kept by Irene Yabut allegedly for officially stamping and signing all the deposit slips prepared and
truck driver's own wrongful act or omission, To accept this proposition is record purposes. After validation, Yabut would then fill up the name of presented by Ms. Yabut, despite the glaring fact that the duplicate copy
to come too close to wiping out the fundamental principle of law that a RMC in the space left blank in the duplicate copy and change the was not completely accomplished contrary to the self-imposed procedure
man must respond for the forseeable consequences of his own negligent account number written thereon, which is that of her husband's, and of the bank with respect to the proper validation of deposit slips, original
act or omission. Our law on quasi-delicts seeks to reduce the risks and make it appear to be RMC's account number. With the daily remittance or duplicate.
burdens of living in society and to allocate them among the members of records also prepared by Ms. Yabut and submitted to private respondent - Negligence here lies not only on the part of Ms. Mabayad but also on
society. To accept the petitioners' proposition must tend to weaken the RMC together with the validated duplicate slips with the latter's name and the part of the bank itself in its lackadaisical selection and supervision of
very bonds of society. account number, she made her company believe that all the while the Ms. Mabayad.
Disposition CA decision is modified by reducing the aggregate amount amounts she deposited were being credited to its account when, in truth - Proximate cause is determined on the facts of each case upon mixed
of compensatory damages, loss of expected income and moral damages and in fact, they were being deposited by her and credited by the considerations of logic, common sense, policy and precedent. Proximate
Dionisio is entitled to by 20% of such amount petitioner bank in the account of Cotas. cause is "that cause, which, in natural and continuous sequence,
- Upon discovery of the loss of its funds, RMC demanded from petitioner unbroken by any efficient intervening cause, produces the injury, and
PHILIPPINE BANK OF COMMERCE v CA (LIPANA) bank the return of its money, but as its demand went unheeded, it filed a without which the result would not have occurred. . . ." In this case,
collection suit before RTC Pasig, which found petitioner bank negligent absent the act of Ms. Mabayad in negligently validating the incomplete
269 SCRA 695
and ordered the bank and Mabayad to pay RMC jointly and severally duplicate copy of the deposit slip, Ms. Irene Yabut would not have the
HERMOSISIMA; March 14, 1997 P304,979.72, plus damages, attornets fees and costs of suit. facility with which to perpetrate her fraudulent scheme with impunity.
- CA affirmed, but modified the award of damages. - Furthermore, under the doctrine of "last clear chance" (also referred
Nature: to, at times as "supervening negligence" or as "discovered peril"),
Petition to review decision of CA Issue: petitioner bank was indeed the culpable party. This doctrine, in essence,
Whether the proximate cause of the loss, to the tune of P304,979.74, states that where both parties are negligent, but the negligent act of one
Facts: suffered by the private respondent RMC is petitioner bank's negligence or is appreciably later in time than that of the other, or when it is impossible
- Rommel's Marketing Corporation (RMC), represented by its President that of private respondent's. to determine whose fault or negligence should be attributed to the
and General Manager Romeo Lipana, filed a complaint to recover from incident, the one who had the last clear opportunity to avoid the
the former Philippine Bank of Commerce (PBC), now absorbed by the Held: impending harm and failed to do so is chargeable with the consequences
Philippine Commercial International Bank, P304, 979.74 representing It was the negligence of Ms. Azucena Mabayad, coupled by the thereof. Stated differently, the rule would also mean that an antecedent
various deposits RMC made in its current account with said bank. The negligence of the petitioner bank in the selection and supervision of its negligence of a person does not preclude the recovery of damages for
amount was not credited to RMCs account but was instead deposited to bank teller, which was the proximate cause of the loss suffered by the the supervening negligence of, or bar a defense against liability sought
the account of one Bienvenido Cotas. private respondent. by another, if the latter, who had the last fair chance, could have avoided
- RMC maintained two separate current accounts with the Pasig Branch - There are three elements of a quasi-delict: (a) damages suffered by the impending harm by the exercise of due diligence. Here, assuming
of PBC in connection with its business of selling appliances. the plaintiff; (b) fault or negligence of the defendant, or some other that private respondent RMC was negligent in entrusting cash to a
- From May 5, 1975 to July 16, 1976, petitioner Romeo Lipana claims to person for whose acts he must respond; and (c) the connection of cause dishonest employee, thus providing the latter with the opportunity to
have entrusted RMC funds in the form of cash totalling P304,979.74 to and effect between the fault or negligence of the defendant and the defraud the company, as advanced by the petitioner, yet it cannot be
his secretary, Irene Yabut, for the purpose of depositing said funds in the damages incurred by the plaintiff. denied that the petitioner bank, thru its teller, had the last clear
current accounts of RMC with PBC. It turned out, however, that these opportunity to avert the injury incurred by its client, simply by faithfully
torts & damages A2010 - 65 - prof. casis

observing their self-imposed validation procedure. should, at least, have taken care of its concerns, as what the law 4. That there were skid marks left by the truck's tires at the scene, and
- While it is true that had private respondent checked the monthly presumes. Its negligence, therefore, is not contributory but the immediate none by the jeep, demonstrates that the driver of the truck had applied
statements of account sent by the petitioner bank to RMC, the latter and proximate cause of its injury. the brakes and the jeep's driver had not; and that the jeep had on impact
would have discovered the loss early on, such cannot be used by the fallen on its right side is indication that it was running at high speed.
petitioners to escape liability. This omission on the part of the private GLAN PEOPLES LUMBER AND HARDWARE V IAC 5. Even if it be considered that there was some antecedent negligence on
respondent does not change the fact that were it not for the wanton and the part of Zacarias shortly before the collision, in that he had caused his
(VDA. DE CALIBO and kids)
reckless negligence of the petitioners' employee in validating the truck to run some 25 centimeters to the left of the center of the road,
GR No.70493
incomplete duplicate deposit slips presented by Ms. Irene Yabut, the loss Engr. Calibo had the last clear chance of avoiding the accident because
NARVASA; May 18, 1989
would not have occurred. Considering, however, that the fraud was he still had ample room in his own lane to steer clear of the truck, or he
committed in a span of more than one (1) year covering various deposits, could simply have braked to a full stop.
NATURE
common human experience dictates that the same would not have been - IAC reversed TC. It found Zacarias to be negligent on the basis of
Petition for certiorari praying for a reversal of the judgment of the
possible without any form of collusion between Ms. Yabut and bank teller the following circumstances, to wit:
Intermediate Appellate Court which, it is claimed, ignored or ran counter
Mabayad. Ms. Mabayad was negligent in the performance of her duties 1) "the truck driven by defendant Zacarias occupied the lane of the jeep
to the established facts.
as bank teller nonetheless. when the collision occurred,' and although Zacarias saw the jeep from a
- it cannot be denied that private respondent was likewise negligent in not distance of about 150 meters, he "did not drive his truck back to his lane
FACTS
checking its monthly statements of account. Had it done so, the company in order to avoid collision with the oncoming jeep . . .;" what is worse, "the
- Engineer Orlando T. Calibo, Agripino Roranes, and Maximo Patos were
would have been alerted to the series of frauds being committed against truck driver suddenly applied his brakes even as he knew that he was still
on the jeep owned by the Bacnotan Consolidated Industries, Inc., with
RMC by its secretary. The damage would definitely not have ballooned to within the lane of the jeep;" had both vehicles stayed in their respective
Calibo at the wheel, as it approached from the South Lizada Bridge going
such an amount if only RMC, particularly Romeo Lipana, had exercised lanes, the collision would never have occurred, they would have passed
towards the direction of Davao City at about 1:45 in the afternoon of July
even a little vigilance in their financial affairs. This omission by RMC "along side each other safely;"
4,1979. At about that time, the cargo track, loaded with cement bags, GI
amounts to contributory negligence which shall mitigate the damages that 2) Zacarias had no license at the time; what he handed to Pfc. Esparcia,
sheets, plywood, driven by defendant Paul Zacarias y Infants, coming
may be awarded to the private respondent under Article 2179 of the New on the latter's demand, was the 'driver's license of his co-driver Leonardo
from the opposite direction of Davao City and bound for Glan, South
Civil Code Baricuatro;"
Cotabato, had just crossed said bridge. At about 59 yards after crossing
3) the waiver of the right to file criminal charges against Zacarias should
the bridge, the cargo truck and the jeep collided as a consequence of
Disposition CA decision modified. The demands of substantial justice not be taken against "plaintiffs" Roranes and Patos who had the right,
which Engineer Calibo died while Roranes and Patos sustained physical
are satisfied by allocating the damage on a 60-40 ratio. Thus, 40% of the under the law, to opt merely to bring a civil suit.
injuries. Zacarias was unhurt. As a result of the impact, the left side of
damage awarded by the respondent appellate court, except the award of
the truck was slightly damaged while the left side of the jeep, including its
P25,000.00 attorney's fees, shall be borne by private respondent RMC; ISSUES
fender and hood, was extensively damaged. After the impact, the jeep
only the balance of 60% needs to be paid by the petitioners. The award WON respondent court is correct in reversing the decision of trial court.
fell and rested on its right side on the asphalted road a few meters to the
of attorney's fees shall be borne exclusively by the petitioners. HELD
rear of the truck, while the truck stopped on its wheels on the road.
NO.
- On November 27, 1979, the instant case for damages was filed by the
PADILLA [dissent] Ratio The doctrine of the last clear chance provides as valid and
surviving spouse and children of the late Engineer Calibo who are
- the doctrine of "last clear chance" assumes that the negligence of the complete a defense to accident liability. (Picart v Smith)
residents of Tagbilaran City against the driver and owners of the cargo
defendant was subsequent to the negligence of the plaintiff and the same Reasoning Both drivers, as the Appellate Court found, had had a full
truck.
must be the proximate cause of the injury. In short, there must be a last view of each other's vehicle from a distance of one hundred fifty meters.
- Trial Court dismissed the complaint (and defendants' counterclaim)
and a clear chance, not a last possible chance, to avoid the accident or Both vehicles were travelling at a speed of approximately thirty kilometers
"for insufficiency of evidence." The circumstances leading to the
injury. It must have been a chance as would have enabled a reasonably per hour. The private respondents have admitted that the truck was
conclusion just mentioned:
prudent man in like position to have acted effectively to avoid the injury already at a full stop when the jeep plowed into it. And they have not
1. Moments before its collission with the truck being operated by
and the resulting damage to himself. seen fit to deny or impugn petitioners' imputation that they also admitted
Zacarias, the jeep of the deceased Calibo was "zigzagging."
- the bank was not remiss in its duty of sending monthly bank statements the truck had been brought to a stop while the jeep was still thirty meters
2. Unlike Zacarias who readily submitted himself to investigation by the
to private respondent RMC so that any error or discrepancy in the entries away. From these facts the logical conclusion emerges that the driver
police, Calibo's companions who suffered injuries on account of the
therein could be brought to the bank's attention at the earliest of the jeep had what judicial doctrine has appropriately called the
collision, refused to be so investigated or give statements to the police
opportunity. Private respondent failed to examine these bank statements last clear chance to avoid the accident, while still at that distance of
officers. This, plus Roranes' waiver of the right to institute criminal
not because it was prevented by some cause in not doing so, but thirty meters from the truck, by stopping in his turn or swerving his jeep
proceedings against Zacarias, and the fact that indeed no criminal case
because it was purposely negligent as it admitted that it does not away from the truck, either of which he had sufficient time to do while
was ever instituted in Court against Zacarias, were "telling indications
normally check bank statements given by banks. It was private running at a speed of only thirty kilometers per hour. In those
that they did not attribute the happening to defendant Zacarias'
respondent who had the last and clear chance to prevent any further circumstances, his duty was to seize that opportunity of avoidance, not
negligence or fault."
misappropriation by Yabut had it only reviewed the status of its current merely rely on a supposed right to expect, as the Appellate Court would
3. Roranes' testimony, given in plaintiffs' behalf, was "not as clear and
accounts on the bank statement sent to it monthly or regularly. Since a have it, the truck to swerve and leave him a clear path.
detailed as that of Zacarias," and was "uncertain and even contradicted
sizable amount of cash was entrusted to Yabut, private respondent -Picart v Smith:
by the physical facts and the police investigators Dimaano and Esparcia."
torts & damages A2010 - 66 - prof. casis

The plaintiff was riding a pony on a bridge. Seeing an automobile ahead - Maricar Baesa through her guardian Francisca O. Bascos and Fe O. own lane, it was already too late to swerve the jeepney to his right to
he improperly pulled his horse over to the railing on the right. The driver Ico for herself and for her minor children, filed separate actions for prevent an accident.
of the automobile, however guided his car toward the plaintiff without damages arising from quasi-delict against PANTRANCO. Other victims - This Court has held that the last clear chance doctrine "can never apply
diminution of speed until he was only few feet away. He then turned to settled with Bus Company. where the party charged is required to act instantaneously, and if the
the right but passed so closely to the horse that the latter being -PANTRANCO, aside from pointing to the late David Ico's alleged injury cannot be avoided by the application of all means at hand after the
frightened, jumped around and was killed by the passing car. . . . . negligence as the proximate cause of the accident, invoked the defense peril is or should have been discovered"
It goes without saying that the plaintiff himself was not free from fault, for of due diligence in the selection and supervision of its driver, Ambrosio - Petitioner likewise insists that David Ico was negligent in failing to
he was guilty of antecedent negligence in planting himself on the wrong Ramirez observe Section 43 (c), Article III Chapter IV of Republic Act No. 4136**
side of the road. But as we have already stated, the defendant was also -TC ruled against PANTRANCO and ordered them to pay damages. which provides that the driver of a vehicle entering a through highway or
negligent; and in such case the problem always is to discover which -Pantranco appealed the decision. Appeal dismissed for lack of merit a stop intersection shall yield the right of way to all vehicles approaching
agent is immediately and directly responsible. It will be noted that the ISSUE: in either direction on such through highway.
negligent acts of the two parties were not contemporaneous, since the WON PANTRANCO is liable for damages. -Petitioner's misplaced reliance on the aforesaid law is readily apparent in
negligence of the defendant succeeded the negligence of the plaintiff by HELD: YES this case. The cited law itself provides that it applies only to vehicles
an appreciable interval. Under these circumstances the law is that the -Petitioner claims that under the circumstances of the case, it was the entering a through highway or a stop intersection. At the time of the
person who has the last fair chance to avoid the impending harm and driver of the passenger jeepney who had the last clear chance to avoid accident, the jeepney had already crossed the intersection and was on its
fails to do so is chargeable with the consequences, without reference to the collision and was therefore negligent in failing to utilize with way to Malalam River
the prior negligence of the other party. reasonable care and competence his then existing opportunity to avoid -On the issue of its liability as an employer, petitioner claims that it had
Dispositive WHEREFORE, the appealed judgment of the Intermediate the harm. observed the diligence of a good father of a family to prevent damage,
Appellate Court is hereby REVERSED, and the complaint against herein -petitioner claims that the original negligence of its driver was not the conformably to the last paragraph of Article 2180 of the Civil Code
petitioners in Civil Case No. 3283 of the Court of First Instance of Bohol, proximate cause of the accident and that the sole proximate cause was -When an injury is caused by the negligence of an employee, there
Branch IV, is DISMISSED. No pronouncement as to costs. the supervening negligence of the jeepney driver David Ico in failing to instantly arises a presumption that the employer has been negligent
Voting Cruz, Gancayco, Grio-Aquino and Medialdea, JJ., concur. avoid the accident either in the selection of his employees or in the supervision over their
- The doctrine of the last clear chance simply, means that the negligence acts. Although this presumption is only a disputable presumption which
PANTRANCO NORTH EXPRESS, INC v CAR BASCOS of a claimant does not preclude a recovery for the negligence of could be overcome by proof of diligence of a good father of a family, this
defendant where it appears that the latter, by exercising reasonable care Court believes that the evidence submitted by the defendant to show that
BAESA
and prudence, might have avoided injurious consequences to claimant it exercised the diligence of a good father of a family iti the case of
179 SCRA 384 notwithstanding his negligence. Ramirez, as a company driver is far from sufficient
CORTES J.: November 1989 -The doctrine applies only in a situation where the plaintiff was guilty of
prior or antecedent negligence but the defendant, who had the last fair ANURAN V BUO
FACTS: chance to avoid the impending harm and failed to do so, is made liable
17 SCRA 224
At about 7:00 o'clock in the morning of June 12, 1981, the spouses for all the consequences of the accident notwithstanding the prior
Ceasar and Marilyn Baesa and their children Harold Jim, Marceline and negligence of the plaintiff BENGZON, May 20, 1966
Maricar, together with spouses David Ico and Fe O. Ico with their son - The above contention of petitioner is manifestly devoid of merit.
Erwin Ico and seven other persons, were aboard a passenger jeepney on Contrary to the petitioner's contention, the doctrine of "last clear chance" NATURE: Petition for Review by certiorari of CA decision.
their way to a picnic at Malalam River, Ilagan, Isabela, to celebrate the finds no application in this case FACTS
fifth wedding anniversary of Ceasar and Marilyn Baesa. - Contrary to the petitioner's contention, the doctrine of "last clear - On January 12, 1958, a passenger jeepney was parked on the road to
- chance" finds no application in this case. For the doctrine to be Taal, Batangas. Buo, driver of said jeepney stopped his vehicle in order
Upon reaching the highway, the jeepney turned right and proceeded to applicable, it is necessary to show that the person who allegedly had the to allow one of his passengers to alight. But he parked his jeepney in
MaIalam, River at a speed of about 20 kph. While they were proceeding last opportunity to avert the accident was aware of the existence of the such a way that of its width (the left wheels) was on the asphalted
towards Malalam River, a speeding PANTRANCO bus from Aparri, on its peril or should, with exercise of due care, have been aware of it pavement of the road and the other half, on the right shoulder of the said
regular route to Manila, encroached on the jeepney's lane while - In this case, there is nothing to show that the jeepney driver David Ico road. A motor truck speeding along, negligently bumped it from behind,
negotiating a curve, and collided with it. knew of the impending danger. When he saw at a distance that the which such violence that three of its passengers died, even as 2 other
- David Ico, spouses Ceasar Baesa and Marilyn Baesa and their children, approaching bus was encroaching on his lane, he did not immediately passengers suffered injuries that required their confinement at the
Harold Jim and Marcelino Baesa, died while the rest of the passengers swerve the jeepney to the dirt shoulder on his right since he must have Provincial Hospital for many days.
suffered injuries. The jeepney was extensively damaged. After the assumed that the bus driver will return the bus to its own lane upon - Suits were instituted by the representatives of the dead and the injured,
accident the driver of the PANTRANCO Bus, Ambrosio Ramirez, boarded seeing the jeepney approaching from the opposite direction. to recover consequently damages against the drivers and the owners of
a car and proceeded to Santiago, Isabela. From that time on up to the - Moreover, both the trial court and the Court of Appeals found that at the the trucks and also against the driver and the owners of the jeepney.
present, Ramirez has never been seen and has apparently remained in time of the accident the Pantranco bus was speeding towards Manila. At - CFI Batangas absolved the driver of the jeepney and its owners, but it
hiding. the time David Ico must have realized that the bus was not returning to its required the truck driver and the owners o make compensation. Plaintiffs
appealed to the CA insisting that the driver and the owners of the jeepney
should also be made liable for damages.
torts & damages A2010 - 67 - prof. casis

ISSUE with the use of subject parcels of land as security, and with the fair chance to prevent the impending harm by the exercise of due
WON the driver and owners of the jeepney should also be made liable. involvement of the same impostors who again introduced themselves as diligence.
HELD the Canlas spouses. When the loan it extended was not paid, respondent In the case under consideration, from the evidence on hand it can be
YES. An error of law was committed in releasing the jeepney from bank extrajudicially foreclosed the mortgage. gleaned unerringly that respondent bank did not observe the requisite
liability. It must be remembered that the obligation of the carrier to -On January 15, 1983, Osmundo Canlas wrote a letter informing the diligence in ascertaining or verifying the real identity of the couple who
transport its passengers safely is such that the New Civil Code requires respondent bank that the execution of subject mortgage over the two introduced themselves as the spouses Osmundo Canlas and Angelina
utmost diligence from the carriers (Art. 1755) who are presumed to parcels of land in question was without their (Canlas spouses) authority, Canlas. It is worthy to note that not even a single identification card was
have been at fault or to have acted negligently, unless they prove that and request that steps be taken to annul and/or revoke the questioned exhibited by the said impostors to show their true identity; and yet, the
they have observed extraordinary diligence (Art. 1756). In this instance, mortgage. On January 18, 1983, petitioner Osmundo Canlas also wrote bank acted on their representations simply on the basis of the residence
this legal presumption of negligence is confirmed by the CAs finding that the office of Sheriff Maximo O. Contreras, asking that the auction sale certificates bearing signatures which tended to match the signatures
jeepney driver in question was at fault in parking the vehicle improperly. It scheduled on February 3, 1983 be cancelled or held in abeyance. But affixed on a previous deed of mortgage to a certain Atty. Magno, covering
must follow that the driver and the owners of the jeepney must respondents Maximo C. Contreras and Asian Savings Bank refused to the same parcels of land in question.
answer for injuries to its passengers. heed petitioner Canlas' stance and proceeded with the scheduled auction Applying Art. 1173 It could be said that the degree of diligence required
Obiter on Application of Principle of Last Clear Chance: The principle sale. of banks is more than that of a good father of a family in keeping with
about the last clear chance applies in a suit between the owners and -Consequently, on February 3, 1983 the herein petitioners instituted the their responsibility to exercise the necessary care and prudence in
drivers of the two colliding vehicles. It does not arise where a passenger present case for annulment of deed of real estate mortgage with prayer dealing even on a registered or titled property. The business of a bank is
demands responsibility from the carrier to enforce its contractual for the issuance of a writ of preliminary injunction; and on May 23, 1983, affected with public interest, holding in trust the money of the depositors,
obligations. For it would be inequitable to exempt the negligent driver of the trial court issued an Order restraining the respondent sheriff from which bank deposits the bank should guard against loss due to
the jeepney and its owners on the ground that the other driver was issuing the corresponding Certificate of Sheriff's Sale.For failure to file his negligence or bad faith, by reason of which the bank would be denied the
likewise guilty of negligence. This principle does not apply in this case. answer, despite several motions for extension of time for the filing protective mantle of the land registration law, accorded only to
DISPOSITION: Judgment modified. thereof, Vicente Maosca was declared in default. Lower court a quo purchasers or mortgagees for value and in good faith.
came out with a decision annulling subject deed of mortgage and Evidently, the efforts exerted by the bank to verify the identity of the
disposing. Asian Savings Bank appealed to the Court of Appeals and CA couple posing as Osmundo Canlas and Angelina Canlas fell short of the
CANLAS V, CA
reversed the lower court decision. responsibility of the bank to observe more than the diligence of a good
Purisima; February 28, 2000 father of a family. The negligence of respondent bank was magnified by
Issue/s and Held the fact that the previous deed of mortgage (which was used as the basis
Nature for checking the genuineness of the signatures of the supposed Canlas
Petition for Review on Certiorari WON CA erred in holding that the mortgage is valid spouses) did not bear the tax account number of the spouses, as well as
Settled is the rule that a contract of mortgage must be constituted the Community Tax Certificate of Angelina Canlas. But such fact
Facts only by the absolute owner on the property mortgaged; a mortgage, notwithstanding, the bank did not require the impostors to submit
-Sometime in August, 1982, Osmundo S. Canlas, and Vicente Maosca, constituted by an impostor is void. Considering that it was additional proof of their true identity.
decided to venture in business and to raise the capital needed therefor. established indubitably that the contract of mortgage sued upon For not observing the degree of diligence required of banking institutions,
The former then executed a Special Power of Attorney authorizing the was entered into and signed by impostors who misrepresented whose business is impressed with public interest, respondent Asian
latter to mortgage two parcels of land situated in San Dionisio, (BF themselves as the spouses Osmundo Canlas and Angelina Canlas, Savings Bank has to bear the loss sued upon.
Homes) Paranaque, Metro Manila, each lot with semi-concrete residential the Court is of the ineluctible conclusion and finding that subject
house in the name of the SPS Canlas. Osmundo Canlas agreed to sell contract of mortgage is a complete nullity. Disposition
the said parcels of land to Vicente Maosca, for and in consideration of
P850,000.00, P500,000.00 of which payable within one week, and the WON ASB must incur the resulting loss WHEREFORE, the Petition is GRANTED and the Decision of the Court
balance of P350,000.00 to serve as his (Osmundo's) investment in the Yes. The doctrine of last clear chance is applicable, the respondent of Appeals, dated September 30, 1993, in CA-G.R. CV No. 25242 SET
business. Thus, Osmundo Canlas delivered to Vicente Maosca the bank must suffer the resulting loss. In essence, the doctrine of last ASIDE. The Decision of Branch 59 of the Regional Trial Court of Makati
transfer certificates of title of the parcels of land involved. Vicente clear chance is to the effect that where both parties are negligent City in Civil Case No. M-028 is hereby REINSTATED. No pronouncement
Maosca, as his part of the transaction, issued two postdated checks in but the negligent act of one is appreciably later in point of time than as to costs.
favor of Osmundo Canlas in the amounts of P40,000.00 and that of the other, or where it is impossible to determine whose fault SO ORDERED.1wphi1.nt
P460,000.00, respectively, but it turned out that the check covering the or negligence brought about the occurrence of the incident, the one
bigger amount was not sufficiently funded. who had the last clear opportunity to avoid the impending harm but CONSOLIDATED BANK V CA (L.C.DIAZ AND CO.)
-On September 3, 1982, Vicente Maosca was able to mortgage the failed to do so, is chargeable with the consequences arising
same parcels of land for P100,000.00 to a certain Attorney Manuel GR No. 138569
therefrom. Stated differently, the rule is that the antecedent
Magno, with the help of impostors who misrepresented themselves as negligence of a person does not preclude recovery of damages CARPIO; September 11, 2003
the spouses, Osmundo Canlas and Angelina Canlas. On September 29, caused by the supervening negligence of the latter, who had the last
1982, private respondent Vicente Maosca was granted a loan by the NATURE
respondent Asian Savings Bank (ASB) in the amount of P500,000.00, Review of the decision of the CA
torts & damages A2010 - 68 - prof. casis

- L.C. Diaz was not at fault that the passbook landed in the hands of the jeepney ended up in the junk heap. Its total loss was computed at
FACTS impostor. Solidbank was in possession of the passbook while it was P80,000.
- LC Diaz is a professional partnership engaged in accounting. On 14 processing the deposit. After completion of the transaction, Solidbank
August 1991, LC diaz, thru its cashier, instructed their messenger, had the contractual obligation to return the passbook only to Calapre, the ISSUES
Calapre, to deposit money in Solidbank. Calapre then deposited in authorized representative of L.C. Diaz. SolidBanks negligence in 1. WON petitioners negligence was the proximate cause of the accident
Solidbank. Since the transaction took time and Calapre had to make returning the passbook was the proximate cause.
another deposit for L.C. Diaz with Allied Bank, he left the passbook with - The doctrine of last clear chance states that where both parties are HELD
Solidbank. When he came back, the teller told him that somebody else negligent but the negligent act of one is appreciably later than that of the 1. YES. Ratio It is a settled rule that a driver abandoning his proper lane
got the passbook. The next day, it was learned that 300k was withdrawn other, or where it is impossible to determine whose fault or negligence for the purpose of overtaking another vehicle in an ordinary situation has
from the account. caused the loss, the one who had the last clear opportunity to avoid the the duty to see to it that the road is clear and he should not proceed if he
- An information for estafa was filed against one of their messengers loss but failed to do so, is chargeable with the loss. Stated differently, the cannot do so in safety. For failing to observe the duty of diligence and
(Ilagan) and one Roscoe Verdazola. LC Diaz demanded SolidBank the antecedent negligence of the plaintiff does not preclude him from care imposed on drivers of vehicles abandoning their lane, petitioner
return of their money. The latter refused and a case for recovery of a sum recovering damages caused by the supervening negligence of the must be held liable. Iran could not be faulted when in his attempt to avoid
of money was filed against them defendant, who had the last fair chance to prevent the impending harm the pick-up, he swerved to his left. Petitioners acts had put Iran in an
- TC applied rules on savings account written on the passbook. The by the exercise of due diligence. emergency situation which forced him to act quickly. An individual who
rules state that possession of this book shall raise the presumption of - We do not apply the doctrine of last clear chance to the present suddenly finds himself in a situation of danger and is required to act
ownership and any payment or payments made by the bank upon the case. Solidbank is liable for breach of contract due to negligence in the without much time to consider the best means that may be adopted to
production of the said book and entry therein of the withdrawal shall have performance of its contractual obligation to L.C. Diaz. This is a case of avoid the impending danger, is not guilty of negligence if he fails to
the same effect as if made to the depositor personally. Also, they applied culpa contractual, where neither the contributory negligence of the undertake what subsequently and upon reflection may appear to be a
the rule that the holder of the passport is presumed the owner. It was plaintiff nor his last clear chance to avoid the loss, would exonerate the better solution, unless the emergency was brought by his own
also held that Solidbank did not have any participation in the custody and defendant from liability. Such contributory negligence or last clear chance negligence.
care of the passbook and as such, their act was not the proximate cause by the plaintiff merely serves to reduce the recovery of damages by the Reasoning The doctrine of last clear chance states that a person who
of the loss. The proximate cause was LC Diaz negligence. plaintiff but does not exculpate the defendant from his breach of contract. has the last clear chance or opportunity of avoiding an accident,
- CA revered. It ruled that Solidbanks negligence was the proximate notwithstanding the negligent acts of his opponent, is considered in law
cause. It applied the provision on the CC on quasi delicts and found that DISPOSITIVE solely responsible for the consequences of the accident. But what has
the requisite elements were present. They found that the teller made no Decision affirmed, modification only to damages been shown is the presence of an emergency and the proper application
inquiry upon the withdrawal of 300k. The teller could have called up LC of the emergency rule. There was no clear chance to speak of. Iran
Diaz since the amount being drawn was significant. The appellate court ENGADA V CA swerved to the left only to avoid petitioners pick-up, which was already
ruled that while L.C. Diaz was also negligent in entrusting its deposits to on a head to head position going against Irans Tamaraw jeepney
QUISUMBING, J.: June 20, 2003
its messenger and its messenger in leaving the passbook with the immediately before the vehicles collided. No convincing proof was
teller, Solidbank could not escape liability because of the doctrine of last adduced by petitioner that Iran could have avoided a head-on collision.
clear chance. Solidbank could have averted the injury suffered by L.C. NATURE
Diaz had it called up L.C. Diaz to verify the withdrawal. Petition for review seeking the reversal of the decision of the CA which Dispositive
affirmed with modification the judgment of the RTC of Iloilo City The appealed decision is AFFIRMED.
ISSUES
WON Solidbank was liable FACTS
- On November 29, 1989, at about 1:30 in the afternoon, Edwin Iran was STRICT LIABILITY
HELD driving a blue Toyota Tamaraw jeepney bound for Iloilo City. On board
- For breach of the savings deposit agreement due to negligence, or was Sheila Seyan, the registered owner of the Tamaraw. The Tamaraw
culpa contractual, the bank is liable to its depositor. passengers allegedly saw from the opposite direction a speeding Isuzu VESTIL V IAC (UY)
- When the passbook is in the possession of Solidbanks tellers during pick-up, driven by petitioner Rogelio Engada. When it was just a few 179 SCRA 47
withdrawals, the law imposes on Solidbank and its tellers an even higher meters away from the Tamaraw, the Isuzu pick-ups right signal light CRUZ; December 6, 1989
degree of diligence in safeguarding the passbook. Likewise, Solidbanks flashed, at the same time, it swerved to its left, encroaching upon the
tellers must exercise a high degree of diligence in insuring that they lane of the Tamaraw and headed towards a head-on collision course with
NATURE
return the passbook only to the depositor or his authorized representative it. Seyan shouted at Iran to avoid the pick-up. Iran swerved to his left but
Petition to reinstate the decision of the Appellate Court.
- In culpa contractual, once the plaintiff proves a breach of contract, there the pick-up also swerved to its right. Thus, the pick-up collided with the
is a presumption that the defendant was at fault or negligent. The burden Tamaraw, hitting the latter at its right front passenger side. The impact
FACTS
is on the defendant to prove that he was not at fault or negligent. caused the head and chassis of the Tamaraw to separate from its
- July 29, 1975: Theness was bitten by a dog while she was playing with
Solidbank failed to discharge this burden. (they could have presented the body. Seyan was thrown out of the Tamaraw and landed on a ricefield.
a child of the petitioners in the house of the late Vicente Miranda, the
teller to whom the passbook was left, but they didnt) Seyan incurred P130,000 in medical expenses. The Toyota Tamaraw
father of Purita Vestil. She was rushed to the Cebu General Hospital,
torts & damages A2010 - 69 - prof. casis

where she was treated for "multiple lacerated wounds on the forehead. finds that the link between the dog bites and the certified cause of death
She was discharged after nine days but was re-admitted one week later has been satisfactorily established. HELD
due to "vomiting of saliva." The following day, on August 15, 1975, the - It does not matter that the dog was tame and was merely provoked by YES.
child died. The cause of death was certified as broncho-pneumonia. the child into biting her. The law does not speak only of vicious animals -Francisco Echevarria, the hotel guest, is liable for being the one who
- Theness developed hydrophobia, a symptom of rabies, as a result of but covers even tame ones as long as they cause injury. As for the directly, by his negligence in leaving open the faucet, caused the water to
the dog bites, and second, that asphyxia broncho-pneumonia, which alleged provocation, the petitioners forget that Theness was only three spill to the ground and wet the articles and merchandise of the plaintiffs.
ultimately caused her death, was a complication of rabies years old at the time she was attacked and can hardly be faulted for -Jose Dingcong, being a co-renter and manager of the hotel, with
- Seven months later, the Uys sued for damages, alleging that the Vestils whatever she might have done to the animal. complete possession of the house, must also be responsible for the
were liable to them as the possessors of "Andoy," the dog that bit and - Obligation imposed by Article 2183 of the Civil Code is not based on the damages caused. He failed to exercise the diligence of a good father of
eventually killed their daughter. negligence or on the presumed lack of vigilance of the possessor or user the family to prevent these damages, despite his power and authority to
- Judge Jose R. Ramolete of the Court of First Instance of Cebu of the animal causing the damage. It is based on natural equity and on cause the repair of the pipes.
sustained the defendants. IAC found that the Vestils were in possession the principle of social interest that he who possesses animals for his Disposition Appealed decision is affirmed, with the costs against
of the house and the dog and so should be responsible under Article utility, pleasure or service must answer for the damage which such apellant.
2183 of the Civil Code for the injuries caused by the dog. animal may cause.
- On the strength of the foregoing testimony, the Court finds that the link AFABLE V SINGER SEWING MACHINE COMPANY
between the dog bites and the certified cause of death has been DISPOSITION
58 PHIL 14
satisfactorily established. The Court approves the time.
VICKERS; March 6, 1933
Petitioners Claim DINGCONG vs. KANAAN
The Vestils are liable for the death of Theness, since they own the dog NATURE
72 Phil. 14; G.R. No. L-47033
that bit her. Appeal from a decision of the CFI of Manila
Respondents Comments AVANCEA; April 25, 1941
The dog belonged to the deceased Vicente Miranda, that it was a tame FACTS
animal, and that in any case no one had witnessed it bite Theness. NATURE - Leopoldo Madlangbayan was a collector for the Singer Sewing Machine
Petition for certiorari assailing the decision of the CA Company in the district of San Francisco del Monte, outside of the limits
ISSUE of the City of Manila, and he was supposed to be residing in his district
WON the Vestils are liable for the damage caused by the dog. FACTS according to the records of the company.
-The brothers Loreto and Jose Dingcong rented the house of Emilia - One Sunday afternoon, Leopoldo Madlangbayan while riding a bicycle
HELD Saenz (in Jose Ma. Basa Street of the City of Iloilo) and established the was run over and fatally injured at the corner of O'Donnel and Zurbaran
Ratio The obligation imposed by Article 2183 of the Civil Code is not Central Hotel. Among the hotel's guests is Francisco Echevarria, paying streets in the City of Manila by a truck driven by Vitaliano Sumoay.
based on the negligence or on the presumed lack of vigilance of the P30 a month, and occupying room no. 10 of said hotel. Kanaan, on the - It appears that Madlangbayan had moved to Teodora Alonso St. in
possessor or user of the animal causing the damage. It is based on other hand, occupies the ground floor of the hotel and established his Manila without notifying the company, and that at the time of his death he
natural equity and on the principle of social interest that he who "American Bazaar" dedicated to the purchase and sale of articles and was returning home after making some collections in San Francisco del
possesses animals for his utility, pleasure or service must answer for the merchandise. Monte.
damage which such animal may cause. -Around 11pm of 19 September 1933, Echevarria, when retiring to bed, - According to the practice of the company, if collectors made collections
Reasoning carelessly left the faucet open that with only an ordinary basin without on Sunday they were required to deliver the amount collected to the
ART. 2183. The possessor of an animal or whoever may make use of the drainage. That time, the pipes of the hotel were under repair; the water company the next morning.
same is responsible for the damage which it may cause, although it may run off the pipes and spilled to the ground, wetting the articles and - The widow and children of Leopoldo Madlangbayan brought an action
escape or be lost. This responsibility shall cease only in case the damage merchandise of the "American Bazaar," causing a loss which the CFI to recover from the defendant corporation under Act No. 3428, as
should come from force majeure or from the fault of the person who has sets at P1,089.61. amended by Act. No. 3812, P100 for burial expenses and P1,745.12 for
suffered damage. -The Kanaans (Halim, Nasri and Michael), representing the compensation.
- While it is true that she is not really the owner of the house, which was establishment "American Bazaar," thereafter filed this complaint for - Plaintiffs' complaint was subsequently amended, and they sought to
still part of Vicente Miranda's estate, there is no doubt that she and her damages against Loreto Dingcong, Jose Dingcong and Francisco recover under sections 8 and 10 of Act No. 3428 fifty per cent of P16.78
husband were its possessors at the time of the incident in question. Echevarria. for 208 weeks of P1,745.12 plus P100 for burial expenses.
- There is evidence showing that she and her family regularly went to the -CFI held Francisco Echevarria liable, and acquitted Jose Dingcong. CA - Defendant as special defenses alleged that Leopoldo Madlangbayan at
house, once or twice weekly. reversed and declared Jose Dingcong responsible, sentencing him to pay the time that he sustained the injuries resulting in his death was violating
- Theness developed hydrophobia, a symptom of rabies, as a result of the plaintiffs damages. an ordinance of the City of Manila which prohibits work on Sunday; and
the dog bites, and second, that asphyxia broncho-pneumonia, which that Act No. 3428, as amended, is unconstitutional and void because it
ultimately caused her death, was a complication of rabies. The Court ISSUE denies the defendant the equal protection of the law, and impairs the
WON Jose Dingcong and Francisco Echevarria are liable for damages obligation of the contract between the defendant and Leopoldo
torts & damages A2010 - 70 - prof. casis

Madlangbayan, and deprives the Courts of First Instance of their probate - If the deceased had been killed while going from house to house in San relation between the parties. Thus the complaint should have been filed
jurisdiction over the estate of deceased persons and nullifies Chapters Francisco del Monte in the pursuance of his employment, the plaintiffs within 6 months from the delivery of the thing sold.
XXIX, XXX, XXXI, XXXII, XXXIII, and XXXIV of the Civil Code Procedure would undoubtedly have the right, prima facie, to recover. - The trial court however annulled the questioned orders of the RTC and
and related articles of the Civil Code. - In the case at bar the deceased was going from work in his own directed it to conduct further proceedings in the civil case. According to
conveyance. the CA: the allegations in the complaint plainly show that it is an action
ISSUE - Furthermore, it appears that the deceased had never notified the for damages arising from respondents act of recklessly and negligently
WON the employer is liable to pay the employees heirs. defendant corporation of his removal from San Francisco del Monte of manufacturing adulterated food items intended to be sol for public
Manila, and that the company did not know that he was living in Manila consumption. It also noted that the availability of an action for breach of
RULING on the day of the accident; that the defendant company did not require its warranty does not bar an action for torts in a sale of defective goods.
NO. employees to work on Sunday, or furnish or require its agents to use Petitioners Claim:
- As the deceased Leopoldo Madlangbayan was killed on November 16, bicycles. - Coca-Cola moved to dismiss the complaint on the grounds of failure to
1930 and Act No. 3812 was not approved until December 8, 1930, it is - These are additional reasons for holding that the accident was not due exhaust administrative remedies and prescription.
apparent that the law which is applicable is Act No. 3428, section 23 of to and pursuance of the employment of the deceased. If the deceased - Since the complaint is for breach of warranty (under A1561, CC), it
which reads as follows: saw fit to change his residence from San Francisco del Monte to Manila should have been brought within 6 months from the delivery of the goods.
When any employee receives a personal injury from any accident and to make use a bicycle in going back and forth, he did so at his own Respondents Comments:
due to in the pursuance of the employment, or contracts any illness risk, as the defendant company did not furnish him a bicycle or require - Geronimo alleges that her complaint is one for damages which does not
directly caused by such employment or the result of the nature of him to use one; and if he made collections on Sunday, he did not do so in involve an administrative action.
such employment, his employer shall pay compensation in the pursuance of his employment, and his employer is not liable for any injury - Her cause of action is based on an injury to plaintiffs right which can be
sums and to the persons hereinafter specified. sustained by him. brought within 4 years (based on A1146, CC).
- The accident which caused the death of the employee was not due to
and in pursuance of his employment. DISPOSITION The decision appealed from was affirmed, with the costs ISSUE
- At the time that he was over by the truck Leopoldo Madlangbayan was against the appellants. WON the complaint is founded on a quasi-delict and pursuant to
not in the pursuance of his employment with the defendant corporation, A1146(12), CC, the action prescribes in 4 years
but was on his way home after he had finished his work for the day and COCA-COLA BOTTLERS PHILS V CA (GERONIMO)
had left the territory where he was authorized to take collections for the
227 SCRA 292
defendant. HELD
- The employer is not an insurer "against all accidental injuries which DAVIDE, JR.; October 18, 1993 YES
might happen to an employee while in the course of the employment", Reasoning
and as a general rule an employee is not entitled to recover from NATURE - The vendees remedies against a vendor with respect to the warranties
personal injuries resulting from an accident that befalls him while going to Petition for review on certiorari of the decision of the Court of Appeals against hidden defects or encumbrances upon the thing sold are not
or returning from his place of employment, because such an accident limited to those prescribed in A1567. The vendee may also ask for the
does no arise out of and in the course of his employment. FACTS annulment of the contract upon proof of error or fraud in which case the
- The phrase "due to and in the pursuance of" used in section 2 of Act - Lydia Geronimo was engaged in the business of selling food and drinks ordinary rule on obligations shall be applicable.
No. 3428 was changed in Act No. 3812 to "arising out of and in the to children in the Kindergarten Wonderland Canteen located in Dagupan. - Under American law, the liabilities of the manufacturer or seller of injury-
course of". Discussing this phrase, the Supreme Court of Illinois in the - August 12, 1989 - A group of parents complained that they found causing products may be based on negligence, breach of warranty, tort
case of Mueller Construction Co. vs. Industrial Board, said: fibrous material in the bottles of Coke and Sprite that their children or other grounds.
The words "arising out of" refer to the origin or cause of the bought from Geronimos store. Geronimo examined her stock of DISPOSITION The instant petition is denied for lack of merit.
accident, and are descriptive of its character, while the words "in softdrinks and found that there were indeed fibrous materials in the
the course of" refer to the time, place, and circumstances under unopened soda bottles. She brought the bottles to the Department of GILCHRIST v CUDDY
which the accident takes place. By the use of these words it was Health office in their region and was informed that the soda samples she
29 Phil 542
not the intention of the legislature to make the employer an insurer sent were adulterated.
against all accidental injuries which might happen to an employee - Because of this, Geronimos sales plummeted with her regular sales of TRENT; February 18, 1915
while in the course of the employment, but only for such injuries 10 cases day dwindling to about 2 or 3 cases. Her losses amounted to
arising from or growing out of the risks peculiar to the nature of the P200 to P300 a day which later on forced her to close down her business NATURE
work in the scope of the workman's employment of incidental to on December 12, 1989. Appeal from the decision of the CFI
such employment, and accidents in which it is possible to trace the - She demanded payment of damages from plaintiff Coca-Cola but the
injury to some risk or hazard to which the employee is exposed in a latter did not accede to her demands. FACTS
special degree by reason of such employment. Risks to which all - The trial court ruled in favor of Coca-Cola, stating that the complaint -Cuddy was the owner of the film Zigomar. Gilchrist was the owner of a
persons similarly situated are equally exposed and not traceable in was based on a contract and not a quasi-delict because of pre-existing theatre in Iloilo. They entered into a contract whereby Cuddy leased to
some special degree to the particular employment are excluded. Gilchrist the Zigomar for exhibition in his theatre for a week for P125.
torts & damages A2010 - 71 - prof. casis

- Cuddy returned the money already paid by Gilchrist days before the letters were new lease contracts for signing. While the letters contained a action of Trendsetter in asking DC Chuan to execute the contracts in their
delivery date so that he can lease the film to Espejo and Zaldarriaga statement that the leases will be terminated if the contracts were not favor was unlawful interference.
instead and receive P350 for the film for the same period. signed, the same were not rescinded.
- Gilchrist filed a case for specific performance against Cuddy, Espejo - The SC handled the question of whether the interference may be
and Zaldarriaga. He also prayed for damages against Espejo and - In 1991, Tiong wrote a letter to So Ping Bun asking him to vacate the justified considering that So acted solely for the purpose of furthering his
Zaldarriaga for interfering with the contract between Gilchrist and Cuddy. four stalls as the same were going to be used by them. Instead of own financial or economic interest. It stated that it is sufficient that the
vacating the stalls, So was able to secure lease agreements from DC impetus of his conduct lies in a proper business interest rather than in
ISSUE Chuan. wrongful motives to conclude that So was not a malicious interferer.
WON Espejo and Zaldarriaga is liable for interfering with the contract Nothing on the record imputes deliberate wrongful motives or malice on
between Gilchrist and Cuddy, they not knowing at the time the identity of - Tek Hua filed an injunction and an action for nullification of the contracts the part of So. Hence the lack of malice precludes the award of damages.
the parties between Trendsetter and DC Chuan. The lower Court ruled in favor of
Tek Hua. The CA, on appeal, upheld the trial court. Both the trial court - The provision in the Civil Code with regard tortuous interference is
HELD and the CA awarded legal fees only. Article 1314 which states that any third party who induces another to
YES violate his contract shall be liable for damages to the other contracting
- Appellants have the legal liability for interfering with the contract and ISSUE party. The Court ratiocinated that the recovery of legal fees is in the
causing its breach. This liability arises from unlawful acts and not from - WON So Ping Bun was guilty of tortuous interference of contract concept of actual or compensatory damages as provided in Article 2208
contractual obligations to induce Cuddy to violate his contract with of the Civil Code. In this casse, due to defendants action of interference,
Gilchrist. HELD- plaintiff was forced to seek relief through the Court snd thereby incur
- Article 1902 of the Civil Code provides that a person who, by act or - Yes. A duty which the law on torts is concerned with is respect for the expenses to protect his interests. The Court, however, found the award
omission causes damage to another when there is fault or negligence, property of others, and a cause of action ex delicto may be predicated exorbitant. It was reduced to Pesos 100,000.00
shall be obliged to pay for the damage done. There is nothing in this upon an unlawful interference by one party of the enjoyment of the other
article which requires as a condition precedent to the liability of the of his private property. In the case at bar, petitioner, Trendsetter asked Disposition
tortfeasor that he must know the identity of a person to whom he causes DC Chuan to execute lease contracts in its favor, and as a result Petition denied. CA decision affirmed subject to the modified award of
damage. No such knowledge is required in order that the injured party petitioner deprived respondent of the latters property right. attorneys fees.
may recover for the damages suffered.
Reasoning- GUILATCO v CITY OF DAGUPAN
DISPOSITION Judgment affirmed - Damage is the loss, hurt, or harm which results from injury, and damges
171 SCRA 382
are the recompense or compensation awarded for the damage suffered.
SON PING BUN vs CA (Tek Hua) One becomes liable in an action for damages for a nontrespassory SARMIENTO; Mar 21, 1989
invasion of anothers interest in the private use and enjoyment of asset if
GR No. 120554 Nature:
Quisumbing; September 21, 1999 a) the other has property rights and privileges with respect to Petition for Certiorari to review the decision of CA
the use or enjoyment interfered with;
Facts:
NATURE b) the invasion is substantial; - on July 25, 1978, Florentina Guilatco, a court interpreter, accidentally
Appeal on certiorari for review of CA decision fell into a manhole while she was about to board a motorized tricycle
c) the defendants conduct is a legal cause of the invasion; at a sidewalk at Perez Blvd. Her right leg was fractured, due to which
FACTS she was hospitalized, operated on, and confined.
- In 1963, Tek hua Trading, through its Managing Director So Pek Giok, d) the invasion is either intentional and unreasonable or - She averred that she suffered mental and physical pain, and that she
entered into a lease agreement with D.C. Chuan covering four stalls in unintentional and actionable under the general negligence has difficulty in locomotion. She has not yet reported for duty as court
Binondo. The contracts were initially for one year but after expiry of the rules. interpreter (at the time of filing of complaint) and thus lost income. She
same, they continued on a month to month basis. In 1976, Tek Hua was - On the other hand, the elemts of tort interference are also lost weight, and she is no longer her former jovial self. Moreover,
dissolved with the original members forming a new corporation, Tek Hua a) existence of a valid contract she has been unable to perform her religious, social, and other
Enterprises with Manuel Tiong as one of the incorporators. b) knowledge on the part of the third party of its existence activities which she used to do prior to the incident.
c) interference of the third party is without legal justification - Police confirmed existence of the manhole, which was partially
- So Ping Bun, on the death of his grandfather, So Pek Giok, occupied or covered by a concrete flower pot by leaving a gaping hole about 2 ft
the same stalls under the business name, Trendsetter Marketing. excuse long by 1 feet wide or 42 cm wide by 75 cm long by 150 cm deep.
- City Engineer of Dagupan Alfredo Tangco admitted that the manhole
- In 1989, the lessor, DC Chuan sent a letter to Tek Hua advising it of a - Since there were existing lease contracts between Tek Hua and DC is owned by the National Government and the sidewalk on which they
25% increase in rent effective September 1, 1989. A further rent increase Chuan, Tek Hua in fact had property rights over the leased stalls. The are found along Perez Blvd. are also owned by the National
of 30% effective January 1, 1990 was implemented. Enclosed in both Government. He said that he supervises the maintenance of said
torts & damages A2010 - 72 - prof. casis

manholes and sees to it that they are properly covered, and the job is Joint tortfeasors are jointly and severally liable for the tort which they
specifically done by his subordinates. PERSONS LIABLE commit. They are each liable as principals, to the same extent and in the
- Trial court ordered the city to pay Guilatco actual, moral and same manner as if they had performed the wrongful act themselves.
exemplary damages, plus attorneys fees. CA reversed the lower WORCESTER v OCAMPO ***If several persons jointly commit a tort, the plaintiff or person injured,
courts ruling on the ground that no evidence was presented to prove has his election to sue all or some of the parties jointly, or one of them
22 PHIL 42
that City of Dagupan had control or supervision over Perez Blvd. separately, because tort is in its nature a separate act of each individual.
- City contends that Perez Blvd is a national road that is not under the Johnson; Feb. 27, 1912 Reasoning Defendants fail to recognize that the basis of the present
control or supervision of the City of Dagupan. Hence, no liability action is a tort. They fail to recognize the universal doctrine that each
should attach to the city. NATURE joint tortfeasor is not only individually liable for the tort in which he
Appeal from judgment of CFI participates, but is also jointly liable with his tortfeasors. The defendants
Issue might have been sued separately for the commission of the tort. They
WON control or supervision over a national road by the City of Dagupan FACTS might have sued jointly and severally, as they were. It is not necessary
exists, in effect binding the city to answer for damages in accordance - Plaintiff Dean Worcester, member of the Civil Commission of the that the cooperation should be a direct, corporeal act. **note: Ponente
with article 2189 CC. Philippines and Secretary of the Interior of the Insular Government used examples of torts as held under common law** (In a case of assault
commenced an action against defendants Ocampo, Kalaw, Santos, and battery committed by various persons, under the common law, all are
Held Reyes, Aguilar, Liquete, Palma, Arellano, Jose, Lichauco, Barretto and principals). So also is the person who counsels, aids, or assists in any
YES Cansipit (owners, directors, writers, editors and administrators of a way the commission of a wrong. Under the common law, he who aided,
- The liability of private corporations for damages arising from injuries certain newspaper known as El Renacimiento or Muling Pagsilang) for assisted or counseled, in any way the commission of a crime, was as
suffered by pedestrians from the defective condition of roads is the purpose of recovering damages resulting from an alleged libelous much a principal as he who inflicted or committed the actual tort.
expressed in the Civil Code as follows: publication. - Joint tortfeasors are jointly and severally liable for the tort which they
Article 2189. Provinces, cities and municipalities shall be - The editorial Birds of Prey was alleged to have incited the Filipino commit. The person injured may sue all of them, or any number less than
liable for damages for the death of, or injuries suffered by, people into believing that plaintiff was a vile despot and a corrupt person, all. Each is liable for the whole damage caused by all, and altogether
any person by reason of the defective condition of roads, unworthy of the position which he held. The said editorial alluded to him jointly liable for the whole damage. It is no defense for one sued alone,
streets, bridges, public buildings, and other public works as an eagle that surprises and devours, a vulture that gorges himself on that the others who participated in the wrongful act are not joined with
under their control or supervision. dead and rotten meat, an owl that affects a petulant omniscience, and a him as defendants; nor is it any excuse for him that his participation in the
- It is not even necessary for the defective road or street to belong to vampire that sucks the blood of the victim until he leaves it bloodless. tort was insignificant as compared with that of the others.
the province, city or municipality for liability to attach. The article only - After hearing the evidence adduced during trial, the judge of the CFI - The courts during the trial may find that some of the alleged joint
requires that either control or supervision is exercised over the rendered judgment in favor of petitioner, holding all the defendants tortfeasors are liable and that others are not liable. The courts may
defective road or street. (except for Reyes, Aguilar and Liquete who were found to be editors but release some for lack of evidence while condemning others of the alleged
- In this case, control or supervision is provided for in the charter of in a subordinate position and found to have merely acted under the tort. And this is true even though they are charged jointly and severally.
Dagupan and is exercised through the City Engineer. direction of their superiors) liable jointly and severally for sustained However, in this case, the lower court, committed no error in rendering a
- The charter only lays down general rules regulating that liability of the damages on account of petitioners wounded feelings, mental suffering joint and several judgment against the defendants. As recognized by
city. On the other hand, article 2189 applies in particular to the liability and injuries to his standing and reputation in the sum of P35,000 as well Section 6 of Act 277 of the Philippine Commission: Every author, editor,
arising from defective streets, public buildings and other public as P25,000 as punitive damages. or proprietor * * * is chargeable with the publication of any words in any
works. - This judgment prompted defendants to appeal to the SC, claiming that part * * * or number of each newspaper, as fully as if he were the author
On Damages awarded the CFI committed several errors in rendering said judgment among of the same.
- Actual damages of P10000 reduced to proven expenses of P8053.65. which was that the lower court committed an error in rendering a Disposition Judgment of the lower court modified. Ocampo, Kalaw,
The trial court should not have rounded off the amount. The court can judgment jointly and severally against the defendants. Palma, Arellano, Jose, Lichauco, Barretto, and Cansipit held jointly and
not rely on speculation, conjecture or guess work as to the amount. severally liable for the sum of P25, 000 with interest at 6%. Santos
- Moral damages of P150000 is excessive and is reduced to P20000. ISSUE absolved from any liability.
Guilatcos handicap was not permanent and disabled her only during WON the defendants, regardless of their participation in the commission
her treatment which lasted for one year. of the actual tort, may be held jointly and severally liable as joint ARELLANO, C.J. and MAPA, J. [concurring]
- Exemplary damages of P50000 reduced to P10000. tortfeasors - We concur, except with reference to the liability imposed upon
- Award of P7420 as lost income for one year, plus P450 bonus remain Lichauco. The real owner and founder, Ocampo, explicitly stated that the
the same HELD other so-called founders subscribed and paid sums of money to aid the
- P3000 as attorneys fees remain the same YES. paper but as to Lichauco, he offered to contribute, but did not carry out
Ratio Joint tortfeasors are all the persons who command, instigate, his offer and in fact paid nothing. It is incomprehensible how one could
Disposition Petition granted. CA decision reversed and set aside, promote, encourage, advise, countenance, cooperate in, aid or abet the claim the right or title to share the earnings or profits of a company when
decision of trial court reinstated with modification. commission of a tort, or who approve of it after it is done, if done for their he had put no capital into it, neither is it comprehensible how one could
benefit. share in the losses thereof, and still less incur liability for damages on
torts & damages A2010 - 73 - prof. casis

account of some act of the said company, an unrestricted liability to the almost in front of the defendant's automobile, defendant's driver suddenly Petition for review of the decision of the CFI of Iloilo
extent of all his property, as though he were a regular general partner went to the right and struck and ran over the plaintiff.
when he was not such. - The judgment of the trial court was for defendant. FACTS
- Bernardo is the driver of Yu Khe Thai. He was driving the
TORRES [dissenting in part] ISSUE
- I concur in regard to the defendants Ocampo and Kalaw, but dissent as WON Underwood is responsible for the negligence of his driver. latters Cadillac along highway 54. On the other side of the road,
regards Palma, Arellano, Jose, Lichauco, Barretto, and Cansipit for they Caedo was driving his Mercury car. He was with his family.
had neither direct nor indirect participation in the act that gave rise to the HELD - A carretela was in front of the Cadillac. Bernardo did not see
present suit for damages, nor were they owners or proprietors of the NO. the carretela from afar. When he approached the carritela, he
newspaper, its press or other equipment. They were donors who merely Ratio An owner who sits in his automobile or other vehicle, and permits decided to overtake it even though he had already seen the car
contributed a sum of money, as a genuine gift, for the purpose of his driver to continue in a violation of the law by the performance of of the Caedos approaching from the opposite lane. As he did so
founding, editing, and issuing the said newspaper, it is improper to negligent acts, after he has had a reasonable opportunity to observe the curved end of his car's right rear bumper caught the forward
deduce that the contributors formed a company of either a civil or them and to direct that the driver cease therefrom, becomes himself
rim of the rig's left wheel, wrenching it off and carrying it along as
commercial nature. responsible for such acts. On the other hand, if the driver, by a sudden
- After Ocampo had accepted the various amounts proffered, the donors act of negligence, and without the owner having a reasonable opportunity the car skidded obliquely to the other lane, where it collided with
ceased to be the owners of and surrendered all right to the money to prevent the act or its continuance, injures a person or violates the the oncoming vehicle.
donated and to the objects that were acquired therewith. Therefore they criminal law, the owner of the automobile, although present herein at5 the - The Caedos were injured. They filed a suit for recovery of
can not incur, jointly and severally with the director and manager. time the act was committed, is not responsible, either civilly or criminally, damages against Bernardo and Yu Khe Thai. The CFI ruled in
therefore. The act complained of must be continued in the presence or favor of the Caedos and held Bernardo and Yu solidarily liable.
CHAPMAN V UNDERWOOD the owner for such a length of time that the owner by his acquiescence,
makes his drivers act his own.
27 Phil 374 ISSUES
Reasoning Defendant's driver was guilty of negligence in running upon
MORELAND; March 28, 1914 and over the plaintiff. He was passing an oncoming car upon the wrong WON Yu Khe Thai should be held solidarily liable as Bernardos
side. employer
NATURE - The plaintiff needed only to watch for cars coming from his right, as they
Appeal from the judgment of trial court finding for the defendant were the only ones under the law permitted to pass upon that side of the HELD
street car.
No.
FACTS - in the case of Johnson vs. David, the driver does not fall within the list of
- The plaintiff-appellant, Chapman, desired to board a certain "San persons in Art.1903 of the Civil Code for whose acts the defendant would - Bernardo had no record of any traffic violation. No negligence of
Marcelino" car coming from Sta. Ana and bound for Manila. Being told by be responsible. having employed him maybe imputed to his master.
his friend that the car was approaching, he immediately, and somewhat Although in the David case the owner of the vehicle was not present at - Negligence on the employers part, if any, must be sought in
hurriedly, passed into the street for the purpose of signaling and boarding the time the alleged negligent acts were committed by the driver, the the immediate setting,, that is, in his failure to detain the driver
the car. The car was a closed one, the entrance being from the front or same rule applies where the owner is present, unless the negligent act of from pursuing a course which not only gave him clear notice of
the rear platform. Plaintiff attempted to board the front platform but, the driver are continued for such a length of time as to give the owner a the danger but also sufficient time to act upon it.
seeing that he could not reach it without extra exertion, stopped beside reasonable opportunity to observe them and to direct his driver to desist - No negligence can be imputed. The car was running at a
the car, facing toward the rear platform, and waited for it to come abreast therefrom.
reasonable speed. The road was wide and open. There was no
of him in order to board. While in this position he was struck from behind - it appears with fair clearness that the interval between the turning out to
and run over by the defendant's (Underwood) automobile. meet and pass the street car and the happening of the accident was so reason for Yu to be specially alert. He had reason to rely on the
- The defendant entered Calle Herran at Calle Peafrancia in his small as not to be sufficient to charge defendant with the negligence of skill of his driver. The time element was such that there was no
automobile driven by his chauffeur, a competent driver. A street car the driver. reasonable opportunity for Yu Khe Thai to assess the risks
bound from Manila to Sta. Ana being immediately in front of him, he involved and warn the driver accordingly.
followed along behind it. Just before reaching the scene of the accident DISPOSITION - The law does not require that a person must possess a certain
the street car which was following took the switch (there was a single- The judgment appealed from is affirmed. measure of skill or proficiency either in the mechanics of driving
track street-car line running along Calle Herran, with occasional switches or in the observance of traffic rules before he may own a motor
to allow cars to meet and pass each other)- that is, went off the main line CAEDO V YU KHE THAI vehicle. The test of his intelligence, within the meaning of Article
to the left upon the switch lying alongside of the main track. Thereupon
GR NO. L-20392 2184, is his omission to do that which the evidence of his own
the defendant either kept straight ahead on the main street-car track or a
bit to the right. The car which the plaintiff intended to board was on the MAKALINTAL; December 18, 1968 senses tells him he should do in order to avoid the accident. And
main line and bound in an opposite direction to that in which the as far as perception is concerned, absent a minimum level
defendant was going. When the front of the "San Marcelino" car was NATURE imposed by law, a maneuver that appears to be fraught with
torts & damages A2010 - 74 - prof. casis

danger to one passenger may appear to be entirely safe and it was, the clearance Bernardo gave for his car's right side was owner to be in any special state of alert. He had reason to rely on the skill
commonplace to another insufficient. Its rear bumper, as already stated, caught the wheel of the and experience of his driver. The time element was such that there was
carretela and wrenched it loose. Caedo, confronted with the unexpected no reasonable opportunity for Yu Khe Thai to assess the risks involved
situation, tried to avoid the collision at the last moment by going farther to and warn the driver accordingly.
DISPOSITIVE the right, but was unsuccessful. The photographs taken at the scene DISPOSITION Judgment appealed from is modified in the sense of
Decision modified. Yu Khe Thai is free from liability show that the right wheels of his car were on the unpaved shoulder of the declaring defendant-appellant Yu Khe Thai free from liability, and is
road at the moment of impact. otherwise affirmed with respect to defendant Rafael Bernardo, with costs
CAEDO v. YU KHE THAI against the latter.
GR No. L-20392 ISSUE
1. WON defendant Rafael Bernardo is liable for the accident.
MAKALINTAL; December 18, 1968 SABINA EXCONDE vs. DELFIN CAPUNO and DANTE
2. If YES, WON his employer, defendant Yu Khe Thai, is solidarily liable
with him. CAPUNO
FACTS G.R. No. L-10068-70 June 29, 1957
- Marcial was driving his Mercury car on his way from his home in HELD
Quezon City to the airport, where his son Ephraim was scheduled to take BAUTISTA ANGELO, J.:
1. YES. There is no doubt at all that the collision was directly traceable
a plane for Mindoro. With them in the car were Mrs. Caedo and three to Rafael Bernardo's negligence and that he must be held liable for the
daughters. Coming from the opposite direction was the Cadillac of Yu FACTS
damages suffered by the plaintiffs.
Khe Thai, with his driver Rafael Bernardo at the wheel, taking the owner
from his Paraaque home to Wack Wack. Dante Capuno, son of Delfin Capuno, was accused of double homicide
2. NO. If the causative factor was the driver's negligence, the owner of
- The two cars were traveling at fairly moderate speeds, considering the through reckless imprudence for the death of Isidoro Caperia and
the vehicle who was present is likewise held liable if he could have
condition of the road and the absence of traffic the Mercury at 40 to 50 Amado Ticzon on March 31, 1949 in the Court of First Instance of
prevented the mishap by the exercise of due diligence.
kilometers per hour, and the Cadillac at approximately 48 to 56 Laguna. During the trial, Sabina Exconde, as mother of the deceased
- The basis of the master's liability in civil law is not respondent superior
kilometers. Their headlights were mutually noticeable from a distance. Isidoro Caperia, reserved her right to bring a separate civil action for
but rather the relationship of paterfamilias. The theory is that ultimately
Ahead of the Cadillac, going in the same direction, was a caretella owned damages against the accused. After trial, Dante Capuno was found guilty
the negligence of the servant, if known to the master and susceptible of
by a certain Pedro Bautista. The carretela was towing another horse by of the crime charged and, on appeal, the Court of Appeals affirmed the
timely correction by him, reflects his own negligence if he fails to correct it
means of a short rope coiled around the rig's vertical post on the right decision. Dante Capuno was only fifteen (15) years old when he
in order to prevent injury or damage.
side and held at the other end by Pedro's son, Julian Bautista. committed the crime.
- The test of imputed negligence under Article 2184 of the Civil Code is,
- Rafael Bernardo testified that he was almost upon the rig when he saw to a great degree, necessarily subjective. Car owners are not held to a
it in front of him, only eight meters away. This is the first clear indication In line with her reservation, Sabina Exconde filed the present action
uniform and inflexible standard of diligence as are professional drivers.
of his negligence. The carretela was provided with two lights, one on against Delfin Capuno and his son Dante Capuno asking for damages in
- The law does not require that a person must possess a certain measure
each side, and they should have given him sufficient warning to take the the aggregate amount of P2,959.00 for the death of her son Isidoro
of skill or proficiency either in the mechanics of driving or in the
necessary precautions. And even if he did not notice the lights, as he Caperia. Defendants set up the defense that if any one should be held
observance of traffic rules before he may own a motor vehicle. The test
claimed later on at the trial, the carretela should anyway have been liable for the death of Isidoro Caperia, he is Dante Capuno and not his
of his intelligence, within the meaning of Article 2184, is his omission to
visible to him from afar if he had been careful, as it must have been in the father Delfin because at the time of the accident, the former was not
do that which the evidence of his own senses tells him he should do in
beam of his headlights for a considerable while. under the control, supervision and custody of the latter. This defense was
order to avoid the accident. And as far as perception is concerned,
- In the meantime the Mercury was coming on its own lane from the sustained by the lower court and, as a consequence, it only convicted
absent a minimum level imposed by law, a maneuver that appears to be
opposite direction. Bernardo, instead of slowing down or stopping Dante Capuno to pay the damages claimed in the complaint. From this
fraught with danger to one passenger may appear to be entirely safe and
altogether behind the carretela until that lane was clear, veered to the left decision, plaintiff appealed to the Court of Appeals but the case was
commonplace to another. Were the law to require a uniform standard of
in order to pass. As he did so the curved end of his car's right rear certified to the Supreme Court on the ground that the appeal only
perceptiveness, employment of professional drivers by car owners who,
bumper caught the forward rim of the rig's left wheel, wrenching it off and involves questions of law.
by -their very inadequacies, have real need of drivers' services, would be
carrying it along as the car skidded obliquely to the other lane, where it effectively proscribed.
collided with the oncoming vehicle. On his part Caedo had seen the It appears that Dante Capuno was a member of the Boy Scouts
- Rafael Bernardo had no record of violation of traffic laws and
Cadillac on its own lane; he slackened his speed, judged the distances in Organization and a student of the Balintawak Elementary School situated
regulations. No negligence for having employed him at all may be
relation to the carretela and concluded that the Cadillac would wait in a barrio in the City of San Pablo and on March 31, 1949 he attended a
imputed to his master. Negligence on the part of the latter, if any, must be
behind. Bernardo, however, decided to take a gamble beat the parade in honor of Dr. Jose Rizal in said city upon instruction of the city
sought in the immediate setting and circumstances of the accident, that
Mercury to the point where it would be in line with the carretela, or else school's supervisor. From the school Dante, with other students, boarded
is, in his failure to detain the driver from pursuing a course which not only
squeeze in between them in any case. It was a risky maneuver either a jeep and when the same started to run, he took hold of the wheel and
gave him clear notice of the danger but also sufficient time to act upon it.
way, and the risk should have been quite obvious. drove it while the driver sat on his left side. They have not gone far when
We do not see that such negligence may be imputed. The car was not
- It was already too late to apply the brakes when Bernardo saw the the jeep turned turtle and two of its passengers, Amado Ticzon and
running at an unreasonable speed. The road was wide and open, and
carretela only eight meters in front of him, and so he had to swerve to the Isidoro Caperia, died as a consequence. It further appears that Delfin
devoid of traffic that early morning. There was no reason for the car
left in spite of the presence of the oncoming car on the opposite lane. As Capuno, father of Dante, was not with his son at the time of the accident,
torts & damages A2010 - 75 - prof. casis

nor did he know that his son was going to attend a parade. He only came school's supervisor, could be held liable for the negligent act of Dante I submit that the father should not be held liable for a tort that he was in
to know it when his son told him after the accident that he attended the because he was not then a student of an institution of arts and trades as no way able to prevent, and which he had every right to assume the
parade upon instruction of his teacher. provided for by law. school authorities would avoid. Having proved that he entrusted his child
to the custody of school authorities that were competent to exercise
Plaintiff contends that defendant Delfin Capuno is liable for the damages The civil liability which the law impose upon the father, and, in case of his vigilance over him, the father has rebutted the presumption of Art. 1903
in question jointly and severally with his son Dante because at the time death or incapacity, the mother, for any damages that may be caused by and the burden of proof shifted to the claimant to show actual negligence
the latter committed the negligent act which resulted in the death of the the minor children who live with them, is obvious. This is a necessary on the part of the parent in order to render him liable.
victim, he was a minor and was then living with his father, and inasmuch consequence of the parental authority they exercise over them which
as these facts are not disputed, the civil liability of the father is evident. imposes upon the parents the "duty of supporting them, keeping them in Padilla and Reyes, A., JJ., concur.
And so, plaintiff contends, the lower court erred in relieving the father their company, educating them and instructing them in proportion to their
from liability. means", while, on the other hand, gives them the "right to correct and SALEN V. BALCE
punish them in moderation" (Articles 154 and 155, Spanish Civil Code).
ISSUE The only way by which they can relieve themselves of this liability is if
they prove that they exercised all the diligence of a good father of a FUELLAS V. CADANO
Whether defendant Delfin Capuno can be held civilly liable, jointly and family to prevent the damage (Article 1903, last paragraph, Spanish Civil
severally with his son Dante, for damages resulting from the death of Code). This defendants failed to prove. Nature: Appeal from the Decision of the Trial Court making defendant
Isidoro Caperia caused by the negligent act of minor Dante Capuno. therein, now appellant Agapito Fuellas, the father of the minor who
Wherefore, the decision appealed from is modified in the sense that caused the injuries to Pepito Cadano, also a minor, liable under Art. 2180
RULING defendants Delfin Capuno and Dante Capuno shall pay to plaintiff, jointly of the new Civil Code for damages.
YES.12 and severally, the sum of P2,959.00 as damages, and the costs of action.
Facts: Pepito Cadano and Rico Fuellas, son of defendant-appellant
RATIO REYES, J.B.L., J., dissenting: Agapito Fuellas, were both 13 years old, on September 16, 1954. They
Parents shall be liable for the tortious conduct of their minor children were classmates at St. Mary's High School, Dansalan City. They had a
living with them although at the time of the tort, the children were under I believe we should affirm the judgment relieving the father of quarrel that lead to Pepitos injury, his right arm was broken after Rico
the direct control or supervision of an academic institution. (THIS IS A liability. I can see no sound reason for limiting Art. 1903 of the old Civil pushed him on the ground.
LANDMARK DOCTRINE, WHICH WAS LATER MODIFIED BY J CRUZ Code to teachers of arts and trades and not to academic ones. What It is contended that in the decision of the Court of Appeals,
IN AMADORA VS. COURT OF APPEALS) substantial difference is there between them in so far as concerns the the petitioner-appellant was ordered to pay damages for the deliberate
proper supervision and vigilance over their pupils? It cannot be seriously injury caused by his son; that the said court held the petitioner liable
REASONING contended that an academic teacher is exempt from the duty of watching pursuant to par. 2 of Art. 2180 of the Civil Code, in connection with Art.
The provision Teachers or directors of arts and trades are liable for that his pupils do not commit a tort to the detriment of third persons, so 2176 of the same Code; that according to the last article, the act of the
any damages caused by their pupils or apprentices while they are long as they are in a position to exercise authority and supervision over minor must be one wherein "fault or negligence" is present; and that
under their custody", only applies to an institution of arts and trades and the pupil. In my opinion, in the phrase "teachers or heads of there being no fault or negligence on the part of petitioner-appellant's
not to any academic educational institution. establishments of arts and trades" used in Art. 1903 of the old Civil Code, minor son, but deliberate intent, the above mentioned articles are not
the words "arts and trades" does not qualify "teachers" but only "heads of applicable, for the existence of deliberate intent in the commission of an
Dante Capuno was then a student of the Balintawak Elementary School establishments". The phrase is only an updated version of the equivalent act negatives the presence of fault or negligence in its commission.
and as part of his extra-curricular activity, he attended the parade in terms "preceptores y artesanos" used in the Italian and French Civil Appellant, therefore, submits that the appellate Court erred in holding him
honor of Dr. Jose Rizal upon instruction of the city school's supervisor. Codes. liable for damages for the deliberate criminal act of his minor son.
And it was in connection with that parade that Dante boarded a jeep with Issue: WON the father is liable civilly for the criminal act of his son?
some companions and while driving it, the accident occurred. In the If, as conceded by all commentators, the basis of the presumption of Held: Yes. In an earlier case (Exconde vs. Capuno, et al., G.R. No. L-
circumstances, it is clear that neither the head of that school, nor the city negligence of Art. 1903 in some culpa in vigilando that the parents, 10132, prom. June 29, 1957), holding the defendants jointly and severally
teachers, etc. are supposed to have incurred in the exercise of their liable with his minor son Dante for damages, arising from the criminal act
authority, it would seem clear that where the parent places the child committed by the latter, this tribunal gave the following reasons for the
12The case involves an interpretation of Article 1903 of the Spanish Civil Code, paragraph 1 and under the effective authority of the teacher, the latter, and not the parent, rule:
5, (schools liability versus parental liability) which provides:
"ART. 1903. The obligation imposed by the next preceding articles is enforceable not only for should be the one answerable for the torts committed while under his The civil liability which the law imposes upon the father
personal acts and omissions, but also for those of persons for whom another is responsible. custody, for the very reason that the parent is not supposed to interfere and, in case of his death or incapacity, the mother, for
with the discipline of the school nor with the authority and supervision of any damages that may be caused by the minor children
The father, and, in case of his death or incapacity, the mother, are liable for any damages caused
by the minor children who live with them. the teacher while the child is under instruction. And if there is no who live with them, is obvious. This is a necessary
authority, there can be no responsibility. consequence of the parental authority they exercise
xxx xxx xxx over them which imposes upon the parents the "duty of
Finally, teachers or directors of arts and trades are liable for any damages caused by their pupils
or apprentices while they are under their custody." supporting them, keeping them in their company,
torts & damages A2010 - 76 - prof. casis

educating them in proportion to their means", while on Held:


the other hand, gives them the "right to correct and Moreover, the case at bar was decided by the Court of Appeals on the 1. Yes. In the United States, it is uniformly held that the head
punish them in moderation" (Arts. 134 and 135, Spanish basis of the evidence submitted therein by both parties, independently of of a house, the owner of an automobile, who maintains it for
Civil Code). The only way by which they can relieve the criminal case. And responsibility for fault or negligence under Article the general use of his family is liable for its negligent
themselves of this liability is if they prove that they 2176 upon which the action in the present case was instituted, is entirely operation by one of his children, whom he designates or
exercised all the diligence of a good father of a family to separate and distinct from the civil liability arising from fault of negligence permits to run it, where the car is occupied and being used at
prevent the damage (Art. 1903, last paragraph, Spanish under the Penal Code (Art. 2177), and having in mind the reasons behind the time of the injury for the pleasure of other members of
Civil Code). This, defendants failed to prove. the law as heretofore stated, any discussion as to the minor's criminal the owner's family than the child driving it. The theory of the
In another case, Salen and Salbanera vs. Jose Balce, the defendant responsibility is of no moment. law is that the running of the machine by a child to carry
Balce was the father of a minor Gumersindo Balce, below 18 years of IN VIEW HEREOF, the petition is dismissed, the decision appealed from other members of the family is within the scope of the
age who was living with him. Gumersindo was found guilty of homicide is affirmed owner's business, so that he is liable for the negligence of
for having killed Carlos Salen, minor son of plaintiffs. The trial court the child because of the relationship of master and servant.
rendered judgment dismissing the case, stating that the civil liability of the GUTIERREZ VS GUTIERREZ 2. Yes. The liability of Saturnino Cortez, the owner of the truck,
minor son of defendant arising from his criminal liability must be and of his chauffeur Abelardo Velasco rests on a different
MALCOLM; September 23, 1931
determined under the provisions of the Revised Penal Code and not basis, namely, that of contract. The reason for this
under Art. 2180 of the new Civil Code. In reversing the decision, this conclusion reaches to the findings of the trial court
tribunal held: Nature: concerning the position of the truck on the bridge, the speed
It is true that under Art. 101 of the Revised Penal Code, a an action brought by the plaintiff in the Court of First Instance of Manila in operating the machine, and the lack of care employed by
father is made civilly liable for the acts committed by his son against the five defendants, to recover damages in the amount of the chauffeur. In its broader aspects, the case is one of two
only if the latter is an imbecile, an insane, under 9 years of P10,000, for physical injuries suffered as a result of an automobile drivers approaching a narrow bridge from opposite
age, or over 9 but under 15 years of age, who acts without accident. directions, with neither being willing to slow up and give the
discernment, unless it appears that there is no fault or right of way to the other, with the inevitable result of a
negligence on his part. This is because a son who commits Facts: collision and an accident
the act under any of those conditions is by law exempt from A passenger truck and an automobile of private ownership collided while
criminal liability (Article 12, subdivisions 1, 2 and 3, Revised attempting to pass each other on the Talon bridge on the Manila South Disposition
Penal Code). The idea is not to leave the act entirely Road in the municipality of Las Pias, Province of Rizal. The truck was In consonance with the foregoing rulings, the judgment appealed from
unpunished but to attach certain civil liability to the person driven by the chauffeur Abelardo Velasco, and was owned by Saturnino will be modified, and the plaintiff will have judgment in his favor against
who has the delinquent minor under his legal authority or Cortez. The automobile was being operated by Bonifacio Gutierrez, a lad the defendants Manuel Gutierrez, Abelardo Velasco, and Saturnino
control. But a minor over 15 who acts with discernment is not 18 years of age, and was owned by Bonifacio's father and mother, Mr. Cortez, jointly and severally, for the sum of P5,000, and the costs of both
exempt from criminal liability, for which reason the Code is and Mrs. Manuel Gutierrez. At the time of the collision, the father was not instances.
silent as to the subsidiary liability of his parents should he in the car, but the mother, together will several other members of the
stand convicted. In that case, resort should be had to the Gutierrez family, seven in all, were accommodated therein. Narcisso RODRIGUEZ-LUNA V IAC (DELA ROSA)
general law which is our Civil Code. Gutierrez was a passenger of the bus. He had a fracture on his right leg.
135 SCRA 242
The particular law that governs this case is Article 2180, It was conceded that the collision was caused by negligence
the pertinent portion of which provides: "The father and, pure and simple. But, Narcisso Gutierrez blames both the bus and the ABAD SANTOS; February 28, 1985
in case of his death or incapacity, the mother, are car while the truck blames the car and the car in turn blames the truck.
responsible for damages caused by the minor children the youth Bonifacio was in incompetent chauffeur, that he NATURE: Petition to review a decision of CA
who live in their company." To hold that this provision was driving at an excessive rate of speed, and that, on approaching the
does not apply to the instant case because it only bridge and the truck, he lost his head and so contributed by his FACTS: Roberto Luna, a businessman, was killed in a vehicular collision
covers obligations which arise from quasi-delicts and negligence to the accident. The guaranty given by the father at the time (between Luna, driving a gokart, and Luis dela Rosa, 13 years old,
not obligations which arise from criminal offenses, the son was granted a license to operate motor vehicles made the father driving a Toyota car without a license) at a gokart practice area.
would result in the absurdity that while for an act where responsible for the acts of his son. Based on these facts, pursuant to the Heirs of Luna brought a suit for damages against Luis and his father,
mere negligence intervenes the father or mother may provisions of article 1903 of the Civil Code, the father alone and not the which the CFI ruled in favor of the Lunas, awarding P1,650,000 as
stand subsidiarily liable for the damage caused by his or minor or the mother, would be liable for the damages caused by the unearned net earnings of Luna, P12,000 compensatory damages, and
her son, no liability would attach if the damage is caused minor. P50,000 for loss of his companionship (come on!!), with legal interest
with criminal intent. Verily, the void apparently exists in from date of the decision, and attorneys fees of P50,000 (no interest
the Revised Penal Code is subserved by this particular Issue: mentioned). (Note: father and son solidarily liable for damages.)
provision of our Civil Code, as may be gleaned from 1. WON the father of Bonifacio (car) is liable. The Dela Rosas appealed in the CA, which affirmed in toto the RTC. In a
some recent decisions of this Court which cover equal 2. WON the owner of the truck is liable. MFR filed by the Dela Rosas, the CA modified the decision, this time
or identical cases. reducing the unearned income to P450,000. Both parties filed separate
petitions for review in the SC.
torts & damages A2010 - 77 - prof. casis

Petition of the Dela Rosas was denied for lack of merit. The instant expenditure in Roberto R. Luna's social standing [a statement which against her. In order to avoid him, Julie Ann stayed in the house of her
petition is the one filed by Lunas, contending that the CA erred in lacks complete basis], it would not be unreasonable to suppose that his best friend, Malou Alfonso
reducing the award for unearned income, and that the award for attys income would also increase considering the manifold sources thereof - January 14,1979 - Julie and Wendell died from a single gunshot wound
fees should include legal interest. inflicted with the same firearm licensed under Cresencio Libi, father of
Pending the decision, the SC came out with a resolution ordering the 2. YES Wendell
Dela Rosas, in the interest of justice (since the death took place in 1970, Ratio: The attorney's fees were awarded in the concept of damages in a - both set of parents came up with versions of the story
and 15 years after the process of litigation is still not over), to pay the quasi-delict case and under the circumstances, interest as part thereof Gotiongs:
Lunas P450,000 for unearned net earnings, P12,000 compensatory may be adjudicated at the discretion of the court. > Wendell caused her death by shooting her and thereafter turning the
damages, P50,000 for loss of companionship, all with legal interest, and (The attys fees should accrue interest from the date of filing of the gun on himself to commit suicide
attys fees of P50,000, within 30 days. compliant.) Libis:
The Dela Rosas failed to pay the amounts, saying that they had no cash > an unknown third party, whom Wendell may have displeased or
money. The writ of execution produced only a nominal amount. In the Obiter: antagonized by reason of his work as a narcotics informer of the
meantime, Luis is already of age, married, with 2 kids, and living in Spain The Dela Rosas invoke the ruling in Elcano v Hilll, where the court held Constabulary Anti-Narcotics Unit (CANU), must have caused Wendell's
but only causally employed (His compensation is hardly enough to that A2180 applied to Atty. Hill nothwithstanding the emancipation by death and then shot Julie Ann to eliminate any witness and thereby avoid
support his family. He has no assets of his own as yet). marriage of his son, but since the son had attained majority, as a matter identification
of equity, the liability of Atty. Hill became merely subsidiarily to that of his - CFI Cebu: Gotiongs filed civil case against the parents of Wendell to
ISSUES: son. The Dela Rosas now invoke that the father should also be held only recover damages arising from the latter's vicarious liability under A2180
1. WON the CA erred in reducing the unearned income subsidiarily. CC. CFI dismissed the complaint for insufficiency of the evidence.
2. WON the award for attys fees should have legal interest To this contention, the court is unwilling to apply equity instead of strict - IAC: CFI decision set aside and found Libis subsidiarily liable
law because to do so will not serve the ends of justice. Luis is abroad and
HELD: beyond the reach of Philippine Courts. Also, he has no property in the ISSUE
1. YES Phils or elsewhere. WON A2180 CC is applicable in making Libis liable for vicarious liability
Ratio: The reduction of the award of net unearned earnings had no
basis, thus is void. Disposition: resolution of CA SET ASIDE, reinstating the earlier decision HELD
Reasoning: the RTC based its computation of the net unearned earnings with slight modification regarding the award of attys fees. YES
on 2 factors: life expectancy of the deceased of another 30 years, and an Ratio The diligence of a good father of a family required by law in a
annual net income of P55,000 (P75,000 gross income less P20,000 LIBI V INTERMEDIATE APPELLATE COURT (SPS parent and child relationship consists, to a large extent, of the instruction
personal expenses). and supervision of the child. Had the defendants-appellees been diligent
GOTIONG)
In coming out with the life expectancy, RTC considered the age and in supervising the activities of their son, Wendell, and in keeping said gun
health of the deceased. However, the CA modified this by factoring in the 214 SCRA 16 from his reach, they could have prevented Wendell from killing Julie Ann
engagement of Luna in car racing, thus lowering the life expectancy to REGALADO; September 18,1992 Gotiong. Therefore, appellants are liable under A2180 CC.
only 10 years. Reasoning
WRT to the gross income, RTC considered the various positions the NATURE - undue emphasis was placed by the lower court on the absence of
deceased held at the time of his death, and the trend of his earnings over Petition for review of the decision of the then Intermediate Appellate gunpowder or tattooing around the wound at the point of entry of the
the span of his last few years, thus coming up with a potential gross Court. bullet. It should be emphasized, however, that this is not the only
income of P75,000. However, the CA increased the annual personal circumstance to be taken into account in the determination of whether it
expenses to P30,000, due to the escalating gasoline expenses, thus FACTS was suicide or not as the body was cleaned already in the funeral parlor
lowering the net annual unearned income to P45,000. - respondent spouses are the legitimate parents of Julie Ann Gotiong - Amelita Libi, mother of Wendell, testified that her husband, Cresencio
CA erred in ruling that the engagement with car racing reduced the life who, at the time of the deplorable incident which took place and from Libi, owns a gun which he kept in a safety deposit box inside a drawer in
expectancy. There is nothing on record that supports the claim that the which she died on January 14,1979, was an 18-year old first year their bedroom. Each of these petitioners holds a key to the safety deposit
car racing was a dangerous and risky activity tending to shorten his life commerce student of the University of San Carlos, Cebu City; while box and Amelita's key is always in her bag, all of which facts were known
expectancy. That Luna was engaged in go-kart racing is the correct petitioners are the parents of Wendell Libi, then a minor between 18 and to Wendell. They have never seen their son Wendell taking or using the
statement but then go-kart racing cannot be categorized as a dangerous 19 years of age living with his aforesaid parents, and who also died in the gun. She admitted, however, that on that fateful night the gun was no
sport for go-karts are extremely low slung, low powered vehicles, only same event on the same date. longer in the safety deposit box. We, accordingly, cannot but entertain
slightly larger than foot-pedaled four wheeled conveyances. It was error - More than 2 years before their deaths, Julie Ann Gotiong and Wendell serious doubts that petitioner spouses had really been exercising the
on the part of the CA to have disturbed the determination of the RTC Libi were sweethearts until December, 1978 when Julie Ann broke up diligence of a good father of a family by safely locking the fatal gun away.
which it had previously affirmed. with Wendell after she found him to be sadistic and irresponsible. Wendell could not have gotten hold thereof unless one of the keys to the
Also, it was an error to increase the expenses without increasing the - January, 1979 - Wendell kept pestering Julie Ann with demands for safety deposit box was negligently left lying around or he had free access
gross income. It stands to reason that if his annual personal expenses reconciliation but the Julie refused, prompting him to resort to threats to the bag of his mother where the other key was.
should increase because of the escalating price of gas which is a key
torts & damages A2010 - 78 - prof. casis

- A2180': The subsidiary liability of parents for damages caused by their November 18, 1982 via an adoption decree granted by the CFI of Ilocos
minor children imposed by A2180 CC covers obligations wising from both Sur. The trial Court agreed with the respondents and dismissed the NATURE
quasi-delicts and criminal offenses.' complaint. This is a petition to review a decision of the Court of Appeals
- BUT Liability is not subsidiary BUT primary
> if the liability of the parents for crimes and QDs of their minor children is - The case contained procedural questions which were raised in the FACTS
subsidiary, they they can neither invoke nor be absolved of civil liability appeal. The SC however decided to hear the appeal based on - Plaintiff-appellant Manuel Quisumbing, Jr. is the son of his co-plaintiff-
on the defense that they acted with the diligence of a good father of the substantial justice. appellants Ana Pineda and Manuel L. Quisumbing, while Augusto
family to prevent damages. But if the liability id direct and primary, the Mercado is the son of defendant-appellee Ciriaco L. Mercado, Manuel
diligence would constitute a valid substantial defense. HENCE, ISSUE Quisumbing, Jr. and Augusto Mercado were classmates in the Lourdes
LIABILITY OF PARENTS FOR QDS OF THEIR MINOR KIDS AS - WON the spouses Bundoc were indispensable party to the tort action Catholic School on Kanlaon, Quezon City.
CONTEMPLATED IN A2180 ID PRIMARY NOT SUBSIDIARY under Article 2180 of the Civil Code. - A "pitogo", which figures prominently in this case, may be described as
> applying A2194 (solidary liability of joint tortfeasors) the parent is also an empty nutshell used by children as a piggy bank. On February 22,
solidarily liable with the child. THE LIABILITY OF PARENTS FOR HELD- 1956, Augusto Mercado and Manuel Quisumbing, Jr. quarrelled over a
FELONIES IS LIKEWISE PRIMARY NOT SUBSIDIARY. A101 RPC - Yes. The Court held that parental authority did not retroactively transfer "pitogo". As a result, Augusto wounded Manuel, Jr. on the right cheek
SAYS SO to and vested in the adopting parents at the time the shooting incident with a piece of razor.
> RULES: occurred. The adopting parents had no actual or physical custody of
+ for civil liability from crimes committed by minors under the legal Adelberto at the time of the incident as they were then in the US were ISSUES
authority and control or who live in the company of the parents: they live. To do so and hold them liable for the tortious act when be 1. WON the teacher or head of the school should be held responsible
PRIMARY unfair and unconscionable. instead of the of the father since the incident of the inflicting of the wound
= premised on A101 RPC fot damages ex delicto by kids 9 or under or 9- on respondent occurred in a Catholic School (during recess time)
15 but without discernment Reasoning- 2. WON the moral damages fixed at P2,000 are excessive.
= premised on A2180 CC for kids 9-15 with discernment or 15-21 (now - The act of Adelberto gave rise to a cause of action on quasi-delict
18) against him under Article 2176. However, because of his minority, the HELD
+ liability effected against father or mother? BOTH PARENTS AND provision of Article 2180 would be applicable. Article 2180 reads the 1. NO. The last paragraph of Article 2180 of the Civil Code, upon which
THOSE WHO EXERCISE PARENTAL AUHTORITY OVER THE MINOR obligation imposed by Article 2176 is demandable not only for ones own petitioner rests his claim that the school where his son was studying
= youth welfare code acts or omissions, but also for those of persons for whom one is should be made liable, is as follows:
= FC: responsibility of parents responsible The father and, incase of his death or incapacity, the ART. 2180. . . .
+ for civil liability arising from QDs committed by minors: same rules in mother are responsible for the damages caused by the children who live Lastly, teachers or heads of establishments of arts and
A2180 and A2182 in their company The responsibility treated of in this Article shall cease trades shall be liable for damages caused by their pupils and
Disposition Instant petition is DENIED and the assailed judgment of when the person herein mentioned prove that they observed all the students or apprentices, so long as they remain in their
respondent Court of Appeals is hereby AFFIRMED diligence of a good father of a family to prevent damage. custody.
- It would be seem that the clause "so long as they remain in their
TAMARGO vs CA (Rubio, Bundoc) - The principle of parental liability is designated as vicarious liability or the custody," contemplates a situation where the pupil lives and boards with
doctrine of imputed liability under the Anglo-American tort law. Thus, the teacher, such that the control, direction and influence on the pupil
209 SCRA 518
under this doctrine, a person is not only liable for torts committed by him supersedes those of the parents. In these circumstances the control or
Feliciano, J; 1992 also torts committed by others with whom he has a certain relationship influence over the conduct and actions of the pupil would pass from the
and for whom he is responsibility. Thus parental liability is made a natural father and mother to the teacher; and so would the responsibility for the
or logical consequence of the duties and responsibilities of the parents torts of the pupil.
NATURE which include the instructing, controlling, and disciplining of the child. The - Such a situation does not appear in the case at bar; the pupils appear to
Appeal for review of CA decision presumption under law is that when a child under their care commits a go to school during school hours and go back to their homes with their
tortuous act the parents were negligent in the performance of these parents after school is over. The situation contemplated in the last
FACTS duties and responsibilities. As stated, sufficient proof can be presented to paragraph of Article 2180 does not apply, nor does paragraph 2 of said
- On October 20, 1982, Adelberto Bundoc, then aged ten, shot Jennifer overcome this presumption. article, which makes father or mother responsible for the damages
Tamargo with an air rifle causing injuries which resulted in her death. He caused by their minor children.
was charged with reckless imprudence resulting to homicide but was Disposition
acquitted and exempted from criminal liability ob the ground that he had Petition granted. Decision set aside. 2. YES. It is possible that the Court of Appeals may have considered
acted without discernment. The adopting and natural parents of Jennifer Augusto Mercado responsible for or guilty, of a quasi-delict causing
filed a civil complaint for damages against the parents of Bundoc.
MERCADO v. COURT OF APPEALS AND QUISUMBING physical injuries, within the meaning of paragraph 2 of Article 2219. Even
if we assume that said court considered Mercado guilty of a quasi-delict
- The parents of Adelberto claimed that they are not the indispensable L-14342
when it imposed the moral damages, yet the facts found by said court
party in the action as their son adopted by the spouses Rapisura on LABRADOR; May 30, 1960
torts & damages A2010 - 79 - prof. casis

indicate that Augusto's resentment, which motivated the assault, was - the trial court found defendant Daffon liable for the quasi delict under There is nothing in the law that requires that for such liability to attach the
occasioned by the fact that Manuel, Jr. had tried to intervene in or Article 2176 of the Civil Code. pupil or student who commits the tortious act must live and board in the
interfere with the attempt of Mercado to get "his pitogo from Renato." It is, - The trial court, however, absolved from liability the three other school, as erroneously held by the lower court, and the dicta in Mercado
therefore, apparent that the proximate cause of the injury caused to defendants-officials of the Manila Technical Institute, in this wise: on which it relied, must now be deemed to have been set aside by the
Quisumbing was Quisumbing's own fault or negligence for having In the opinion of the Court, this article(art.2180) of the Code is not present decision.
interfered with Mercado while trying to get the pitogo from another boy. applicable to the case at bar, since this contemplates the situation where - At any rate, the law holds them liable unless they relieve themselves of
(Art. 2179, Civil Code.) the control or influence of the teachers and heads of school such liability, in compliance with the last paragraph of Article 2180, Civil
After considering all the facts as found by the Court of Appeals, we find establishments over the conduct and actions by the pupil supersedes Code, by "(proving) that they observed all the diligence of a good father
that none of the cases mentioned in Article 2219 of the Civil Code, which those of the parents...The clause "so long as they remain in their of a family to prevent damage." In the light of the factual findings of the
authorizes the grant of moral damages, was shown to have existed. custody" contemplated a situation where the pupil lives and boards with lower court's decision, said defendants failed to prove such exemption
Consequently, the grant of moral damages is not justified. the teacher, such that the control or influence on the pupil supersedes from liability.
those of the parents...There is no evidence that the accused Daffon lived b. NO (Brillantes as a mere member of the school's board of directors
PALISOC VS. BRILLANTES and boarded with his teacher or the other defendant officials of the and the school) itself cannot be held similarly liable, since it has not been
school. properly impleaded as party defendant
41 SCRA 548
- the school had been incorporated since and therefore the school itself,
TEEHANKEE; October 4, 1971 ISSUE as thus incorporated, should have been brought in as party defendant.
WON the school officials are jointly and severally liable as tortfeasors
NATURE with Daffon. DISPOSITION
An appeal in forma pauperis on pure questions of law from a decision of The judgment appealed from is modified so as to provide as follows: .
the CFI Manila. HELD 1. Sentencing the Daffon, Valenton and Quibulue jointly and severally to
a. YES (head and teacher of the Manila Technical Institute, Valenton and pay plaintiffs as heirs of the deceased Dominador Palisoc (a) P12,000.00
FACTS Quibulue, respectively) for the death of Dominador Palisoc; (b) P3,375.00 for actual and
- Palisoc spouses as parents of their 16-year old son, Dominador Palisoc, Ratio The rationale of such liability of school heads and teachers for the compensatory expenses; (c) P5,000.00 for moral, damages; (d)
and a student in automotive mechanics at the Manila Technical Institute tortious acts of their pupils and students, so long as they remain in their P10,000.00 for loss of earning power and (e) P2,000.00 for attorney's
filed the action below for damages arising from the death of their son at custody, is that they stand, to a certain extent, as to their pupils and fee, plus the costs of this action in both instances; 2. absolving defendant
the hands of a fellow student, defendant Virgilio L. Daffon, at the students, in loco parentis and are called upon to "exercise reasonable Antonio C. Brillantes from the complaint; and 3. dismissing defendants'
laboratory room of the said Institute. supervision over the conduct of the child." In the law of torts, the counterclaims. .
- the deceased Dominador Palisoc and the defendant Virgilio L. Daffon governing principle is that the protective custody of the school heads and
were classmates, and one afternoon, they, together with another teachers is mandatorily substituted for that of the parents, and hence, it REYES, J.B.L., J., concurring:
classmate Desiderio Cruz were in the laboratory room located on the becomes their obligation as well as that of the school itself to provide -I would like to clarify that the argument of the dissenting opinion of the
ground floor. At that time the classes were in recess. Desiderio Cruz and proper supervision of the students' activities during the whole time that effect that the responsibility of teachers and school officers under Articles
Virgilio L. Daffon were working on a machine while Dominador Palisoc they are at attendance in the school, including recess time, as well as to 2180 should be limited to pupils who are minors is not in accord with the
was merely looking on at them. Daffon made a remark to the effect that take the necessary precautions to protect the students in their custody plain text of the law.
Palisoc was acting like a foreman. Because of this remark Palisoc from dangers and hazards that would reasonably be anticipated, - Examination of the article shows that where the responsibility
slapped slightly Daffon on the face. Daffon, in retaliation, gave Palisoc a including injuries that some student themselves may inflict willfully or prescribed therein is limited to illegal acts during minority, the article
strong flat blow on the face, which was followed by other fist blows on the through negligence on their fellow students. expressly so provides, as in the case of the parents and of the guardians.
stomach. Palisoc retreated apparently to avoid the fist blows, but Daffon Reasoning It is natural to expect that if the law had intended to similarly restrict the
followed him and both exchanged blows until Palisoc stumbled on an - The lower court based its legal conclusion expressly on the Court's civil responsibility of the other categories of persons enumerated in the
engine block which caused him to fall face downward. Palisoc became dictum in Mercado vs. Court of Appeals, that "(I)t would seem that the article, it would have expressly so stated. The fact that it has not done so
pale and fainted. First aid was administered to him but he was not clause "so long as they remain in their custody," contemplates a situation indicates an intent that the liability be not restricted to the case of persons
revived, so he was immediately taken to a hospital. He never regained where the pupil lives and boards with the teacher, such that the control, under age. Further, it is not without significance that
consciousness; finally he died. direction and influence. It is true that under the law abovequoted, - finally, that while in the case of parents and guardians, their authority
- Defendants were: Antonio C. Brillantes, at the time when the incident teachers or directors of arts and trades are liable for any damage caused and supervision over the children and wards end by law upon the latter
occurred was a member of the Board of Directors of the institute; by their pupils or apprentices while they are under their custody, but this reaching majority age, the authority and custodial supervision over pupils
Teodosio Valenton, the president thereof; Santiago M. Quibulue, provision only applies to an institution of arts and trades and not to any exist regardless of the age of the latter.
instructor of the class to which the deceased belonged; and Virgilio L. academic educational institution"
Daffon, a fellow student of the deceased. - phrase used in the cited article "so long as (the students) remain in MAKALINTAL, J., dissenting:
- At the beginning the Manila Technical Institute was a single their custody" means the protective and supervisory custody that the - I see no reason to depart from the doctrine laid down by this Court in
proprietorship, but lately, it was duly incorporated. school and its heads and teachers exercise over the pupils and students Mercado v. Court of Appeals. I think it is highly unrealistic and conducive
for as long as they are at attendance in the school, including recess time. to unjust results, considering the size of the enrollment in many of our
torts & damages A2010 - 80 - prof. casis

educational institutions, academic and non-academic, as well as the whether the semester has not ended, or has ended or has not yet begun.
temper, attitudes and often destructive activism of the students, to hold The term custody signifies that the student is within the control and NATURE
their teachers and/or the administrative heads of the schools directly influence of the school authorities. The teacher in charge is the one Petition for certiorari under RA5440 praying that judgment be rendered
liable for torts committed by them. designated by the dean, principal, or other administrative superior to setting aside the questioned order dismissing the complaint as against
- It would demand responsibility without commensurate authority, exercise supervision over the pupils or students in the specific classes or the respondent school and denying the reconsideration of the questioned
rendering teachers and school heads open to damage suits for causes sections to which they are assigned. It is not necessary that at the time of order of dismissal.
beyond their power to control. the injury, the teacher is physically present and in a position to prevent it.
- one other factor constrains me to dissent. The opinion of the majority FACTS
states: "Here, the parents of the student at fault, defendant Daffon, are Thus, for injuries caused by the student, the teacher and not the parent - A group of students walking inside Araneta University were accosted
not involved, since Daffon was already of age at the time of the tragic shall be held responsible if the tort was committed within the premises of and mauled by a group of Muslim students led by Abdul Karin Madidis
incident." Note that for parental responsibility to arise the children must the school at any time when its authority could be validly exercised over alias Teng. Petitioner (Reynaldo) was subsequently stabbed by Teng
be minors who live in their company...it stands to reason that (1) the him. requiring him to be hospitalized and to undergo surgery.
clause "so long as they remain in their custody" as used in reference to - Petitioner filed a complaint for damages against Teng and Arante
teachers and school heads should be equated with the phrase "who live In any event, the school may be held to answer for the acts of its teacher University based on Art 2190 CC
in their company" as used in reference to parents; and (2) that just as or the head thereof under the general principle of respondent superior, - Respondent school filed a MTD claiming that the provision only applies
parents are not responsible for damages caused by their children who but it may exculpate itself from liability by proof that it had exercised the to vocational schools and not to academic institutions. They also claim
are no longer minors, so should teachers and school heads be exempt diligence of a bonus paterfamilias. Such defense they had taken that the civil liability in this case arose from a crime, which they did not
from liability for the tortious acts of their students in the same age necessary precautions to prevent the injury complained of and thus be commit. Since it was a civil case, respondent school claims that a
category. exonerated from liability imposed by Art 2180. demand should have been made by the plaintiff rendering it premature to
bring an action for damages against respondent school. MTD was
AMADORA VS CA (COLLEGIO DE SAN JOSE- Basis of teachers vicarious liability is, as such, they acting in Loco granted by the CA.
Parentis (in place of parents). However teachers are not expected to - Petitioner mover to reconsider the Order of Dismissal. Motion was
RECOLLETOS)
have the same measure of responsibility as that imposed on parent for denied due to insufficient justification to disturb ruling.
160 SCRA 315 their influence over the child is not equal in degree. x x x The parent can ISSUE
CRUZ; April 15, 1988 instill more lasting discipline more lasting disciple on the child than the WON the Art 2180 CC13 applies to academic institutions
teacher and so should be held to a greater accountability than the
teacher or the head for the tort committed by the child. HELD
Facts:
It is unnecessary to answer the issue. What the petitioner wants to know
It was summer of 1972 Alfredo Amadora about to graduate at the Colegio
As the teacher was not shown to have been negligent nor the school is WON the school or the university itself is liable. The answer is no since
de San Jose-Recoletes. Alfredo went to the school to submit his Report
remised in the discharged of their duties, they were exonerated of the provision speaks of teachers or heads
in Physic. While they were in the auditorium of their school, hewas shot
liability.
to death by his classmate Pablito Daffon.
Dispositive
(Note the court view on increasing students activism likely causing WHEREFORE, this Petition is DISMISSED for lack of merit.
ISSUE:
violence resulting to injuries, in or out of the school premises J.
WON Art 2180 is applicable.
Guttierez, Jr concurringly said many student x x x view some teachers as YLARDE vs. AQUINO
part of the bourgeois and or reactionary group whose advice on behavior
Held: GANCAYCO; 1988 July 29
deportment and other non-academic matters is not only resented but
Yes. Art 2180 NCC applies to all schools, academic or non-academic.
actively rejected. It seems most unfair to hold teacher liable on a
Teachers are liable for acts of their student except where the school is NATURE
presumption juris tantum of negligence for acts of students even under
technical in nature (arts and trade establishment) in which case the head Petition for review on certiorari
circumstances where strictly speaking there could be no in loco parentis
thereof shall be answerable.
relationship.
FACTS
There is really no substantial difference distinction between the Private respondent Mariano Soriano was the principal of the Gabaldon
The provision of Art 2180 NCC involved in this case has outlived its
academic and non-academic schools in so far as torts committed by their Primary School and private respondent Edgardo Aquino was a teacher
purpose. The court cannot make law, it can only apply the law with its
students are concerned. The same vigilance is expected from the teacher therein. At that time, the school was littered with several concrete blocks
imperfections. However the court can suggest that such a law should be
over the student under their control and supervision, whatever the nature which were remnants of the old school shop that was destroyed in World
amended or repealed.
of the school where he is teaching. x x x x The distinction no longer War II. Realizing that the huge stones were serious hazards to the
obtains at present. x x x
PASCO V CFI (ARANETA UNIVERSITY)
The student is in the custody of the school authorities as long as he is 160 SCRA 785 13"Lastly, teachers or heads of establishments of arts and trades shall be liable for damages
under the control and influence of the school and within its premises, caused by their pupils and students or apprentices, so long as they remain in their custody."
PARAS; April 25, 1988
torts & damages A2010 - 81 - prof. casis

schoolchildren, another teacher by the name of Sergio Banez stated the same or similar circumstances. Bearing this in mind, We cannot
burying them all by himself. On the other hand, the applicable provision of Article 2180 states: charge the child Ylarde with reckless imprudence.

Deciding to help his colleague, private respondent Edgardo Aquino "Art. 2180. . . . DISPOSITION
gathered eighteen of his male pupils, aged ten to eleven. Being their Granted.
teacher-in-charge, he ordered them to dig beside a one-ton concrete xxx xxx xxx
block in order to make a hole wherein the stone can be buried. The work SALVOSA v. IAC (CASTRO)
was left unfinished. The following day, also after classes, private "Lastly, teachers or heads of establishments of arts and trades shall be
166 SCRA 274
respondent Aquino called four of the original eighteen pupils to continue liable for damages caused by their pupils and students or apprentices, so
the digging. These four pupils ---- Reynaldo Alonso, Fransico Alcantara, long as they remain in their custody." PADILLA, J.: October 5, 1988
Ismael Abaga and Novelito Ylarde, dug until the excavation was one
meter and forty centimeters deep. At this point, private respondent HELD FACTS
Aquino alone continued digging while the pupils remained inside the pit Only Aquino, the teacher, is liable. Jimmy Abon, a commerce student of Baguio Colleges Foundation (BCF)
throwing out the loose soil that was brought about by the digging. Ratio: As regards the principal, We hold that he cannot be made and a duly appointed armorer of the BCF ROTC (under the control of
responsible for the death of the child Ylarde, he being the head of an AFP) was convicted of the crime of Homicide for shooting Napoleon
When the depth was right enough to accommodate the concrete block, academic school and not a school of arts and trades. Castro, a student of the University of Baguio on 3 March 1977, at around
private respondent Aquino and his four pupils got out of the hole. Then, Reasoning: 8:00 p.m., in the parking space of BCF. BCF is both an academic and
said private respondent left the children to level the loose soil around the This is in line with the Courts ruling in Amadora vs. Court of Appeals, arts and trade Union and the ROTC Unit was under the control of AFP.
open hole while he went to see Banez who was about thirty meters away. wherein this Court thoroughly discussed the doctrine that under Article Subsequently, the heirs of Napoleon Castro sued for damages,
Private respondent wanted to borrow from Banez the key to the school 2180 of the Civil Code, it is only the teacher and not the head of an impleading Jimmy B. Abon, Roberto C. Ungos (ROTC Commandant
workroom where he could get some rope. Before leaving, private academic school who should be answerable for torts committed by their Benjamin Salvosa (President and Chairman of the Board of BCF), Jesus
respondent Aquino allegedly told the children "not to touch the stone." students. This Court went on to say that in a school of arts and trades, it Salvosa (Executive Vice President of BCF), Libertad D. Quetolio (Dean of
is only the head of the school who can be held liable. the College of Education and Executive Trustee of BCF) and the Baguio
A few minutes after private respondent Aquino left, three of the four kids, Ratio: Private respondent Aquino can be held liable under Article 2180 Colleges Foundation Inc. as party defendants.
Alonso, Alcantara and Ylarde, playfully jumped into the pit. Then, without of the Civil Code as the teacher-in-charge of the children for being After hearing, the Trial Court rendered a decision, (1) sentencing
any warning at all, the remaining Abaga jumped on top of the concrete negligent in his supervision over them and his failure to take the defendants Jimmy B. Abon, Benjamin Salvosa and Baguio Colleges
block causing it to slide down towards the opening. Alonso and Alcantara necessary precautions to prevent any injury on their persons. Foundation, Inc., jointly and severally, to pay private respondents, as
were able to scramble out of the excavation on time but unfortunately for Reasoning: heirs of Napoleon Castro; (2) absolving the other defendants; and (3)
Ylarde, the concrete block caught him before he could get out, pinning (1) failed to avail himself of services of adult manual laborers and instead dismissing the defendants' counterclaim for lack of merit.
him to the wall in a standing position. As a result thereof, Ylarde utilized his pupils aged ten to eleven to make an excavation near the
sustained injuries and died three (3) days later. one-ton concrete stone which he knew to be a very hazardous task; ISSUE
(2) required the children to remain inside the pit even after they had WON petitioners can be held solidarity liable with Jimmy B. Abon for
Ylarde's parents, petitioners in this case, filed a suit for damages against finished digging, knowing that the huge block was lying nearby and could damages under Article 2180 of the Civil Code, as a consequence of the
both private respondents Aquino and Soriano. The lower court dismissed be easily pushed or kicked aside by any pupil who by chance may go to tortious act of Jimmy B. Abon.
the complaint on the following grounds: (1) that the digging done by the the perilous area;
pupils is in line with their course called Work Education; (2) that Aquino (3) ordered them to level the soil around the excavation when it was so HELD
exercised the utmost diligence of a very cautious person; and (3) that the apparent that the huge stone was at the brink of falling; NO. Jimmy B. Abon cannot be considered to have been "at attendance
demise of Ylarde was due to his own reckless imprudence. (4) went to a place where he would not be able to check on the children's in the school," or in the custody of BCF, when he shot Napoleon Castro.
safety; and (5) left the children close to the excavation, an obviously Logically, therefore, petitioners cannot under Art. 2180 of the Civil Code
ISSUE attractive nuisance. be held solidarity liable with Jimmy B. Abon for damages resulting from
WON whether or not under Article 2176 and Article 2180 of the Civil (6) In ruling that the child Ylarde was imprudent, it is evident that the his acts.
Code, both private respondents can be held liable for damages. lower court did not consider his age and maturity. This should not be the Ratio:
case. The degree of care required to be exercised must vary with the Under the penultimate paragraph of Art. 2180 of the Civil Code, teachers
Article 2176 of the Civil Code provides: capacity of the person endangered to care for himself. A minor should not or heads of establishments of arts and trades are hable for "damages
be held to the same degree of care as an adult, but his conduct should caused by their pupils and students or apprentices, so long as they
"Art. 2176. Whoever by act or omission causes damage to another, there be judged according to the average conduct of persons of his age and remain in their custody." The rationale of such liability is that so long as
being fault or negligence, is obliged to pay for the damage done. Such experience. The standard of conduct to which a child must conform for the student remains in the custody of a teacher, the latter "stands, to a
fault or negligence, if there is no pre-existing contractual relation between his own protection is that degree of care ordinarily exercised by children certain extent, in loco parentis [as to the student] and [is] called upon to
the parties, is called a quasi-delict and is governed by the provisions of of the same age, capacity, discretion, knowledge and experience under exercise reasonable supervision over the conduct of the [student]."
this Chapter." Likewise, "the phrase used in [Art. 2180 'so long as (the students)
remain in their custody means the protective and supervisory custody
torts & damages A2010 - 82 - prof. casis

that the school and its heads and teachers exercise over the pupils and the principal and the teacher Cadorna as the former had not consented to (3) Since petitioners were able to prove that they had exercised the
students for as long as they are at attendance in the school, including the picnic which was not school sanctioned, and as the latter had her diligence required of them, no moral or exemplary damages under Art.
recess time." own class to supervise then and was not actually invited. 2177 may be awarded in favor of respondent spouses.
Reasoning: -Both parties appealed to the CA. On the issue of the liability of St. PREMISES CONSIDERED, the questioned decision is SET ASIDE
a. The SC hold a contrary view to that espoused by the CA. According Francis HS and the Illumin, the CA held that both are liable under Article
to the CA, while it is true that Abon was not attending any class or school 2176 taken together with the 1st, 4th, and 5th paragraphs of Article 2180.
PSBA v CA (BENITEZ/BAUTISTA)
function at the time of the shooting incident, which was at about 8 o'clock They cannot escape liability simply because it wasnt an extra-curricular
in the evening; but considering that Abon was employed as an armorer activity of the HS. From the evidence, it was shown that the principal had 205 SCRA 729
and property custodian of the BCF ROTC unit, he must have been known of the picnic from its planning stage and merely acquiesced to the Padilla, J.: Feb. 4, 1992
attending night classes and therefore that hour in the evening was just holding of the event. As such, under Article 2180, both are jointly and
about dismissal time for him or soon thereafter. The time interval is safely severally liable w/ the teachers for the damages incurred as the FACTS
within the "recess time" that the trial court spoke of and envisioned by the negligence of the employees (teachers) gives rise to the presumption of -Carlitos Bautista, enrolled in the 3rd year commerce course of PSBA,
Palisoc case, supra. In line with the case of Palisoc, 17 a student not "at negligence on the part of the owner/manager (St. Francis and the was stabbed and killed while on campus by assailants who were from
attendance in the school" cannot be in "recess" thereat. A "recess," as principal). Petitioners contend that the victims parents failed to prove by outside the schools academic community. This prompted his parents to
the concept is embraced in the phrase "at attendance in the school," evidence that they didnt give their son consent to join the picnic. The file suit with the RTC of Manila w/ Judge Ordonez-Benitez presiding for
contemplates a situation of temporary adjournment of school activities Court finds this immaterial to the determination of the existence of their damages against PSBA and its corporate officers, alleging negligence,
where the student still remains within call of his mentor and is not liability. Also, 2 of the teachers who arrived after the drowning were recklessness and lack of security precautions, means and methods
permitted to leave the school premises, or the area within which the absolved from liability as they had satisfactorily explained their lateness before, during and after the attack of the victim.
school activity is conducted. Recess by its nature does not include and thus could not be said to have participated in the negligence -PSBA sought to dismiss the case, alleging that since they were
dismissal. Likewise, the mere fact of being enrolled or being in the attributed to the other teachers. Hence this petition. presumably sued under Art 2180, there was no cause of action since
premises of a school without more does not constitute "attending school" academic institutions are not subject to the said provision.
or being in the "protective and supervisory custody' of the school, as ISSUE -A motion to dismiss and a subsequent MFR were denied by the TC,
contemplated in the law. (1) WON there was negligence attributable to the defendants yielding the same results upon appeal with the CA. Hence this petition.
b. Jimmy B. Abon was supposed to be working in the armory with (2) WON Art. 2180, in relation to 2176 is applicable
definite instructions from his superior, the ROTC Commandant, when he (3) WON the award of exemplary and moral damages is proper ISSUES
shot Napoleon Castro. (1) WON PSBA may be held liable under articles 2176 and 2180
HELD
ST. FRANCIS HIGH SCHOOL v CA(Castillo/Cadiz) (1) NO. Petitioners are neither guilty of their own negligence or the HELD
negligence of people under them. At the outset, it should be noted that (1) NO. Because the circumstances of the present case evince a
194 SCRA 340
the victims parents allowed their son to join the picnic as evidenced by a contractual relation between the parties, the rules on quasi-delict do not
Paras, J.: Feb. 25, 1991 mental and physical cross examination. really govern; but the court has repeatedly held that the liability for a tort
-Mere knowledge by Illumin of the planning of the picnic does not show may still exist even when there is a contract.
NATURE acquiescence or consent to it. If the CAs findings are to be upheld, -Quoting Cangco v Manila Railroad: the mere fact that a person is
Petition for review of the decision of the CA employers will be forever exposed to the risk and danger of being hailed bound to another by contract does not relieve him from extra-contractual
to Court to answer for the misdeeds or omissions of their employees liability to such person. When such a contractual relation exists the
FACTS even if such acts or omissions are committed while they are not in the obligor may break the contract under such conditions that the same act
-Ferdinand Castillo, then a freshman student at St. Francis HS wanted to performance of their duties. which constitutes a breach of the contract would have constituted the
join a school picnic at Talaan Beach, Quezon. His parents didnt allow -No negligence can be attributable to the teachers as the presumption is source of an extra-contractual obligation had no contract existed between
him to go due to short notice but directed him to bring food to the overthrown by proof that they exercised diligence of a good father of the the parties
teachers for the picnic and go straight home. However, he was family. In fact, 2 P.E. teachers were invited as they were scout masters -Using the test in Cangco, a contractual relation is a condition sine qua
persuaded by his teachers to go and later drowned in an attempt to and had knowledge in First Aid and swimming. Life savers were brought non to PSBAs liability; hence, any finding of negligence would generally
rescue a drowning teacher. in the event of such an accident. The records also show that the 2 P.E. give rise to a breach of contractual obligation only.
-his parents filed a complaint against St. Francis HS, represented by its teachers did all that was humanly possible to save the victim. -When an academic institution accepts a student for enrollment, a
principal, Illumin, and several teachers for damages incurred from the (2) NO. The CA erred in applying Art. 2180, particularly par 4. For an contract is established between them, resulting in a bilateral obligation.
death of their son, contending that it occurred due to petitioners failure to employer to be held liable for the negligence of his employee, the act or The school is obliged to provide the student with an education, along with
exercise proper diligence of a good father of the family. The TC found omission which caused damage or prejudice must have occurred while a safe atmosphere that promotes the undertaking of imparting
against the teachers as they had failed to exercise diligence by not an employee was in the performance of his assigned task. In the case at knowledge. In turn, the student abides by the schools academic
testing the waters in which the children (12-13 yrs old) were to swim. bar, the teachers were not in actual performance of their duties as the requirements and observes its rules and regulations. However, a school
Also, the male teachers who were to watch over the kids were not even picnic was a purely private affair and not a school sanctioned activity. cannot be an insurer for its students against all risks; one can only expect
in the area as they went off drinking. The TC dismissed the case against it to employ the degree of diligence required by the nature of the
torts & damages A2010 - 83 - prof. casis

obligation and corresponding to the circumstances of persons, time and omission, but also for acts or omissions of a person for whom one is by above; but those facts are entirely different from the facts existing in the
place. law responsible. Among the persons held vicariously responsible for acts instant case.
- In the case at bar a finding is yet to be made as to whether the contract or omissions of another person are the following: - Persons exercising substitute parental authority are made responsible
was breached due to PSBAs negligence in providing proper security xxx xxx xxx for damage inflicted upon a third person by the child or person subject to
measures. At this stage, the proceedings have yet to commence on the Employers shall be liable for the damages caused by their employees such substitute parental authority. In the instant case, Solomon who
substance of the private respondents complaint and the record is bereft and household helper, acting within the scope of their assigned tasks, committed allegedly tortious acts resulting in injury to petitioner, was not
of all material facts which only the TC can determine. even though the former are not engaged in any business or industry. a pupil, student or apprentice of the Republic Central Colleges; the
WHEREFORE, the petition is DENIED. The Court of origin is hereby xxx xxx xxx school had no substitute parental authority over Solomon.
ordered to continue proceedings consistent with this ruling of the Lastly, teachers or heads of establishments of arts and trades shall be 2. YES
Court. Costs against the petitioners. liable for damages caused by their pupils, their students or apprentices, - In the case of PSBA v CA, the Court held that Article 2180 of the Civil
so long as they remain in their custody. Code was not applicable where a student had been injured by one who
SOLIMAN, JR. V JUDGE TUAZON - The first paragraph quoted above offers no basis for holding RCC liable was an outsider or by one over whom the school did not exercise any
for the alleged wrongful acts the of security guard Solomon inflicted upon custody or control or supervision. At the same time, however, the court
209 SCAR 47
Soliman, Jr. RCC was not the employer of Solomon. The employer of stressed that an implied contract may be held to be established between
FELICIANO, J; May 18, 1992 Solomon was the R.L. Security Agency Inc., while the school was the a school which accepts students for enrollment, on the one hand, and the
client of the latter. It is settled that where the security agency, as here, students who are enrolled, on the other hand, which contract results in
NATURE recruits, hires and assigns the work of its watchmen or security guards, obligations for both parties. It held: When an academic institution
Civil complaint for damages the agency is the employer of such guards or watchmen. Liability for accepts students for enrollment, there is established a contract between
FACTS illegal or harmful acts committed by the security guards attaches to the them, resulting in bilateral obligations which parties are bound to comply
- On August 13, 1982, while the plaintiff Maximo Soliman, Jr., a student employer agency, and not to the clients of such agency. There being no with. For its part, the school undertakes to provide the student with an
of the defendant Republic Central Colleges (RCC), was in the campus employer-employee relationship between RCC and Solomon, petitioner education that would presumably suffice to equip him with the necessary
premises thereof, the defendant, Jimmy Solomon, who was then in the cannot impose vicarious liability upon the RCC for the acts of Solomon. tools and skills to pursue higher education or a profession. On the other
premises of said school performing his duties as security guard under the - Since there is no question that Solomon was not a pupil or student or hand, the student covenants to abide by the school's academic
employment of defendant R.L. Security Agency, Inc., without any an apprentice of the Colleges, he being in fact an employee of the R.L. requirements and observe its rules and regulations.Institutions of learning
provocation, shot the plaintiff on the abdomen. The plaintiff was confined Security Agency Inc., the other above-quoted paragraph of Article 2180 must also meet the implicit or 'built-in' obligation of providing their
in a hospital, and as per doctor's opinion, he may not be able to attend to of the Civil Code is similarly not available for imposing liability upon the students with an atmosphere that promotes or assists in attaining its
his regular classes and will be incapacitated in the performance of his RCC for the acts of Solomon. primary undertaking of imparting knowledge. Certainly, no student can
usual work for a duration of from three to four months. Petitioner, - The relevant portions of the other Articles of the Civil Code invoked by absorb the intricacies of physics or higher mathematics or explore the
represented by his guardian, filed a civil complaint for damages against petitioner are as follows: realm of the arts and other sciences when bullets are flying or grenades
RCC, RL Security Agency and Solomon, Art. 349. The following persons shall exercise substitute parental exploding in the air or where there looms around the school premises a
- RCC filed a motion to dismiss, contending that the complaint stated no authority: constant threat to life and limb. Necessarily, the school must ensure that
cause of action against it. It argued that it is free from any liability for the xxx xxx xxx adequate steps are taken to maintain peace and order within the campus
injuries sustained by petitioner student for the reason that it was not the (2) Teachers and professors; premises and to prevent the breakdown thereof.
employer of the security guard Solomon, and hence was not responsible xxx xxx xxx - It was also pointed out in said case that: "In the circumstances
for any wrongful act of Solomon. It further argued that Article 2180, 7th (4) Directors of trade establishments with regard to apprentices; obtaining in the case at bar, however, there is, as yet, no finding that the
paragraph, of the Civil Code did not apply, since said paragraph holds xxx xxx xxx contract between school and Bautista had been breached thru the
teachers and heads of establishment of arts and trades liable for Art. 350. The persons named in the preceding article shall exercise former's negligence in providing proper security measures. This would be
damages caused by their pupils and students or apprentices, while reasonable supervision over the conduct of the child. for the trial court to determine. And, even if there be a finding of
security guard Jimmy Solomon was not a pupil, student or apprentice of xxx xxx xxx negligence, the same could give rise generally to a breach of contractual
the school. Art. 352. The relations between teacher and pupil, professor and obligation only. Using the test of Cangco, supra, the negligence of the
- Resspondent Judge Ramon Tuazon granted RCCs motion to dismiss. student are fixed by government regulations and those of each school or school would not be relevant absent a contract. In fact, that negligence
Petitioners MFR was denied, Hence, this appeal. institution. In no case shall corporal punishment be countenanced. The becomes material only because of the contractual relation between
ISSUES teacher or professor shall cultivate the best potentialities of the heart and PSBA and Bautista. In other words, a contractual relation is a condition
1. WON RCC is liable for damages under Articles 2180, as well as those mind of the pupil or student." sine qua non to the school's liability. The negligence of the school cannot
of Articles 349, 350 and 352 of the Civil Code - In Palisoc v. Brillantes, the Court held the owner and president of a exist independently of the contract, unless the negligence occurs under
2. WON RCC could be held liable upon any other basis in law, for the school of arts and trades known as the Manila Technical Institute the circumstances set out in Article 21 of the Civil Code.
injury sustained by petitioner responsible in damages for the death of Palisoc, a student of that - In the PSBA case, the trial court had denied the school's motion to
HELD Institute, which resulted from fist blows delivered by Daffon, another dismiss the complaint against it, and both the CA and this Court affirmed
1. NO student of the Institute. It will be seen that the facts of Palisoc v. Brillantes the trial court's order. In the case at bar, the court a quo granted the
- Under Art. 2180, the obligation to respond for damage inflicted by one brought it expressly within the 7th paragraph of Article 2180, quoted motion to dismiss filed by RCC, upon the assumption that petitioner's
against another by fault or negligence exists not only for one's own act or
torts & damages A2010 - 84 - prof. casis

cause of action was based, and could have been based, only on Art. Reasoning. The Carpitanos failed to prove that the negligence of the - Among the defenses interposed by the defendants was that Balingit
2180 of the Civil Code. As PSBA, however, states, acts which are school was the proximate cause of the death of the victim. was not Pineda's employer. Balingit moved that the complaint against
tortious or allegedly tortious in character may at the same time constitute -The cause of the accident was not the recklessness of James Daniel II him be dismissed on the ground that the bus company and the bus driver
breach of a contractual or other legal obligation. Respondent trial judge but the mechanical defect in the jeep of Vivencio Villanueva. had no cause of action against him.
was in serious error when he supposed that petitioner could have no -Respondents did not present any evidence to show that the proximate - CFI dismissed their complaint against BALINGIT on the ground that he
cause of action other than one based on Article 2180 of the Civil Code. cause of the accident was the negligence of the school authorities, or the was not the manager of an establishment contemplated in Art.2180 CC.
Respondent trial judge should not have granted the motion to dismiss but reckless driving of James Daniel II so reliance on A219 is unfounded. - In the appeal, the bus company also argued that Phil-Am is merely a
rather should have, in the interest of justice, allowed petitioner to prove -There was no evidence that petitioner school allowed the minor James business conduit of Balingit because out of its capital stock with a par
acts constituting breach of an obligation ex contractu or ex lege on the Daniel II to drive the jeep of respondent Vivencio Villanueva. It was Ched value of P41,200, Balingit and his wife had subscribed P40T. This implied
part of RCC. Villanueva was in possession and in control of the jeep, and was in fact that the veil of corporate fiction should be pierced and that Phil-Am and
Disposition GRANT DUE COURSE to the Petition, to treat the comment the one who allowed James Daniel II to drive the jeep. Balingit and his wife should be treated as one and the same civil
of respondent Colleges as its answer, and to REVERSE and SET ASIDE -Liability for the accident, whether caused by the negligence of the minor personality. But this was not alleged in their complaint.*
the Order granting the motion to dismiss the case.This case is driver or mechanical detachment of the steering wheel guide of the jeep,
REMANDED to the court a quo for further proceedings. must be pinned on the minors parents primarily. The negligence of ISSUE
petitioner St. Marys Academy was only a remote cause of the accident. WON the terms "employers" and "owners and managers of an
ST. MARYS ACADEMY VS. CARPITANOS Between the remote cause and the injury, there intervened the establishment or enterprise" used in Art. 2180 NCC (Art.1903 OCC)
negligence of the minors parents or the detachment of the steering embrace the manager of a corporation owning a truck
PARDO, February 6, 2002
wheel guide of the jeep.Considering that the negligence of the minor (this is a novel and unprecedented legal issue!)
driver or the detachment of the steering wheel guide of the jeep owned
NATURE
by respondent Villanueva was an event over which petitioner St. Marys HELD
Appeal via certiorari from CA deci and resolution denying MFR
Academy had no control, and which was the proximate cause of the NO
accident, petitioner may not be held liable for the death resulting from Vicarious Liability of Owners and Managers of Establishments:
FACTS
such accident. Art.2180 uses the term "manager" ("director" in the Spanish
(this case was already assigned in PFR)
- It is not the school, but the registered owner of the vehicle who shall be version) to mean "employer.
-Sherwin Carpitanos, together with James Daniel II (then 15, driving the
held responsible for damages for the death of Sherwin Carpitanos. - Hence, under the allegations of the complaint, no tortious or quasi-
jeep) and Ched Villanueva (then in possession and was driving the jeep,
Disposition. WHEREFORE, the Court REVERSES and SETS ASIDE delictual liability can be fastened on Balingit as manager of Phil-American
Grandson of Vivencio Villanueva - the owner of the jeep) and other
the decision of the Court of Appeals[18] and that of the trial court.[19] The Forwarders, Inc., in connection with the vehicular accident because he
companions were on their way to an enrollment drive for the Petitioner
Court remands the case to the trial court for determination of the liability himself may be regarded as an employee or dependiente of his
school when the vehicle turned turtle. It was found out that the steering
of defendants, excluding petitioner St. Marys Academy, Dipolog City. No employer, Phil-American Forwarders, Inc.
wheel guide was detached. Carpitanos sued the school, James Daniel II,
costs. SO ORDERED. * This issue was not raised in the lower court so it would be unfair to
his parents, and Vivencio Villanueva.
allow them to do so now. The case has to be decided on the basis of the
-TC: absolved Villanueva and James Daniel II, held parents and school
PHIL RABBIT BUS LINES V PHIL-AM FORWARDERS pleadings filed in the trial court where it was assumed that Phil-Am has a
liable
personality separate and distinct from that of the Balingit spouses.
-CA: school liable under A218 and 219, FC, finding that school was 63 SCRA 231
Dispositive Lower courts order of dismissal is AFFIRMED.
negligent in letting a minor drive the vehicle without a teacher AQUINO; March 25, 1975
accompanying them.
PHILTRANCO V CA (HEIRS OF ACUESTA)
NATURE
ISSUE (regarding liability of St. Marys Academy) Petition for review of CFI Tarlac decision 273 SCRA 562
WON St. Marys Academy should be held liable for death of Sherwin DAVIDE; June 17, 1997
Carpitanos, and therefore, liable for damages FACTS
- PHIL RABBIT Bus Lines, Inc. and Felix PANGALANGAN filed a NATURE
HELD complaint for damages in an action based on quasi-delict or culpa Appeal by certiorari from a decision of the CA
NO. The negligence of petitioner St. Marys Academy was only a remote aquiliana against PHIL-AMERICAN FORWARDERS, Inc., its manager
cause of the accident. Between the remote cause and the injury, there BALINGIT and the driver, PINEDA. FACTS
intervened the negligence of the minors parents or the detachment of the - It was alleged that Pineda drove recklessly a freight TRUCK, owned by -Civil Case No. 373 was an action against herein petitioners for damages
steering wheel guide of the jeep. Phil-Am, along the natl highway at Sto. Tomas, Pampanga. The truck instituted by the heirs of Ramon A. Acuesta
Ratio. For the school to be liable, it must be shown that the injury for bumped the BUS driven by Pangalangan, owned by Phil Rabbit. -Private respondents alleged that the petitioners were guilty of gross
which recovery is sought must be the legitimate consequence of the Pangalangan suffered injuries and the bus was damaged and could not negligence, recklessness, violation of traffic rules and regulations,
wrong done; the connection between the negligence and the injury must be used for 79 days. This deprived the company of earnings of about abandonment of victim, and attempt to escape from a crime
be a direct and natural sequence of events, unbroken by intervening P8,600. Private Respondents Version
efficient causes.
torts & damages A2010 - 85 - prof. casis

-In the early morning of March 24, 1990, about 6:00 oclock, the victim -We have consistently held that the liability of the registered owner of acknowledgment of Responsible Party (Exhibit K) wherein he agreed to
Ramon A. Acuesta was riding in his easy rider bicycle along the Gomez a public service vehicle, like petitioner Philtranco, for damages pay whatever hospital bills, professional fees and other incidental
Street arising from the tortious acts of the driver is primary, direct, and charges Vasquez may incur.
-On the Magsaysay Blvd., defendant Philtranco Service Enterprises, Inc. joint and several or solidary with the driver. As to solidarity, Article After the police authorities had conducted the investigation of
(Philtranco for brevity) Bus No. 4025 driven by defendant Manilhig was 2194 expressly provides: the responsibility of two or more persons the accident, a Criminal Case was filed against Abad but which was
being pushed by some persons in order to start its engine. who are liable for a quasi-delict is solidary. subsequently dismissed for failure to prosecute. So, the present action
-The Magsaysay Blvd. runs perpendicular to Gomez St. and the said -Since the employer's liability is primary, direct and solidary, its only for damages was commenced by Vicente Vasquez, Jr. and Luisa So
Philtranco bus 4025 was heading in the general direction of the said recourse if the judgment for damages is satisfied by it is to recover what it Vasquez, parents of the deceased Romeo So Vasquez, against Jose
Gomez Street. has paid from its employee who committed the fault or negligence which Benjamin Abad and Castilex Industrial Corporation. In the same action,
-As the bus was pushed, its engine started thereby the bus continued on gave rise to the action based on quasi-delict. Article 2181 of the Civil Cebu Doctor's Hospital intervened to collect unpaid balance for the
its running motion and it occurred at the time when Ramon A. Acuesta Code provides: Whoever pays for the damage caused by his dependents medical expense given to Romeo So Vasquez.
who was still riding on his bicycle was directly in front of the said bus. or employees may recover from the latter what he has paid or delivered
-As the engine of the Philtranco bus started abruptly and suddenly, its in satisfaction of the claim. Issue: WON an employer may be held vicariously liable for the death
running motion was also enhanced by the said functioning engine, resulting from the negligent operation by a managerial employee of a
thereby the subject bus bumped on the victim Ramon A. Acuesta who, as Disposition company-issued vehicle.
a result thereof fell and, thereafter, was run over by the said bus. Appealed decision is affirmed. (with regard to this issue)
Petitioners Version Held: Castilez is absolved from any liability. The negligence of ABAD is
-Manilhig, in preparation for his trip back to Pasay City, warmed up the CASTILEX V. VASQUEZ not an issue at this instance. Petitioner CASTILEX presumes said
engine of the bus and made a few rounds within the city proper of negligence but claims that it is not vicariously liable for the injuries and
Dec. 21, 1999. Davide
Calbayog. subsequent death caused by ABAD.
-While the bus was slowly and moderately cruising along Gomez Street, Petitioner contends that the fifth paragraph of Article 2180 of the Civil
the victim, who was biking towards the same direction as the bus, Facts: At around 1:30 to 2:00 in the morning, Romeo So Vasquez, was Code should only apply to instances where the employer is not engaged
suddenly overtook two tricycles and swerved left to the center of the driving a Honda motorcycle around Fuente Osmea Rotunda. He was in business or industry. Since it is engaged in the business of
road. traveling counter-clockwise, (the normal flow of traffic in a rotunda) but manufacturing and selling furniture it is therefore not covered by said
-The swerving was abrupt and so sudden that even as Manilhig applied without any protective helmet or goggles. He was also only carrying a provision. Instead, the fourth paragraph should apply. Petitioner's
the brakes and blew the bus horn, the victim was bumped from behind Student's Permit to Drive at the time. Upon the other hand, Benjamin interpretation of the fifth paragraph is not accurate. The phrase "even
and run over by the bus. Abad [was a] manager of Appellant Castilex Industrial Corporation, though the former are not engaged in any business or industry" found in
-Petitioners alleged that Philtranco exercised the diligence of a good registered owner [of] a Toyota Hi-Lux Pick-up with plate no. GBW-794. the fifth paragraph should be interpreted to mean that it is not necessary
father of a family in the selection and supervision of its employees, On the same date and time, Abad drove the said company car out of a for the employer to be engaged in any business or industry to be liable
including petitioner Manilhig who had excellent record as a driver and parking lot but instead of going around the Osmea rotunda he made a for the negligence of his employee who is acting within the scope of his
had undergone months of rigid training before he was hired. short cut against [the] flow of the traffic in proceeding to his route to assigned task.
-Petitioners further claimed that it was the negligence of the victim in General Maxilom St. or to Belvic St. A distinction must be made between the two provisions to
overtaking two tricycles, without taking precautions such as seeing first In the process, the motorcycle of Vasquez and the pick-up of determine what is applicable. Both provisions apply to employers: the
that the road was clear, which caused the death of the victim Abad collided with each other causing severe injuries to the former. Abad fourth paragraph, to owners and managers of an establishment or
**Trial Court ruled in favor of private respondents stopped his vehicle and brought Vasquez to the Southern Islands enterprise; and the fifth paragraph, to employers in general, whether or
-Court of Appeals affirmed the decision of the trial court, and denied MFR Hospital and later to the Cebu Doctor's Hospital. Vasquez died at the not engaged in any business or industry. The fourth paragraph covers
-Hence, this appeal Cebu Doctor's Hospital. It was there that Abad signed an negligent acts of employees committed either in the service of the
branches or on the occasion of their functions, while the fifth paragraph
ISSUE existing contractual relation between the parties, is called a quasi-delict and is governed by the encompasses negligent acts of employees acting within the scope of
WON petitioner Philtranco is solidarily liable with Manilhig for damages provisions of this Chapter their assigned task. The latter is an expansion of the former in both
15Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or
employer coverage and acts included. Negligent acts of employees,
omissions, but also for those of persons for whom one is responsible.
HELD xxxxxxxxx whether or not the employer is engaged in a business or industry, are
Yes. The owners and managers of an establishment or enterprise are likewise responsible for covered so long as they were acting within the scope of their assigned
-Civil Case No. 373 is an action for damages based on quasi-delict under damages caused by their employees in the service of the branches in which the latter are task, even though committed neither in the service of the branches nor
employed or on the occasion of their functions.
Article 2176 14 and 2180 15 of the Civil Code against petitioner Manilhig xxxxxxxxx on the occasion of their functions. For, admittedly, employees oftentimes
and his employer, petitioner Philtranco, respectively. Employers shall be liable for the damages caused by their employees and household helpers wear different hats. They perform functions which are beyond their office,
acting within the scope of their assigned tasks, even though the former are not engaged in any title or designation but which, nevertheless, are still within the call of
business or industry.
xxxxxxxxx duty.This court has applied the fifth paragraph to cases where the

(limited to that involved in the outline) The responsibility treated of in this article shall cease when the persons herein mentioned prove employer was engaged in a business or industry such as truck operators
that they observed all the diligence of a good father of a family to prevent damage and banks. The Court of Appeals cannot, therefore, be faulted in applying
14Art.2176. Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-
torts & damages A2010 - 86 - prof. casis

the said paragraph of Article 2180 of the Civil Code to this case. Under his employment in the absence of evidence of some special business that the employee was acting in his employer's business or within the
the fifth paragraph of Article 2180, whether or not engaged in any benefit to the employer. Evidence that by using the employer's vehicle to scope of his assigned task. ABAD was engaged in affairs of his own or
business or industry, an employer is liable for the torts committed by go to and from meals, an employee is enabled to reduce his time-off and was carrying out a personal purpose not in line with his duties at the time
employees within the scope of his assigned tasks. But it is necessary to so devote more time to the performance of his duties supports the he figured in a vehicular accident. It was then about 2:00 a.m., way
establish the employer-employee relationship; once this is done, the findings that an employee is acting within the scope of his employment beyond the normal working hours. ABAD's working day had ended; his
plaintiff must show, to hold the employer liable, that the employee was while so driving the vehicle. overtime work had already been completed. His being at a place which,
acting within the scope of his assigned task when the tort complained of II. Operation of Employer's Vehicle in Going to or as petitioner put it, was known as a "haven for prostitutes, pimps, and
was committed. It is only then that the employer may find it necessary to from Work drug pushers and addicts," had no connection to petitioner's business;
interpose the defense of due diligence in the selection and supervision of In the same vein, traveling to and from the place of work is neither had it any relation to his duties as a manager. Rather, using his
the employee. ordinarily a personal problem or concern of the employee, and not a part service vehicle even for personal purposes was a form of a fringe benefit
It is undisputed that ABAD was a Production Manager of of his services to his employer. Hence, in the absence of some special or one of the perks attached to his position.
petitioner CASTILEX at the time of the tort occurrence. As to whether he benefit to the employer other than the mere performance of the services
was acting within the scope of his assigned task is a question of fact, available at the place where he is needed, the employee is not acting FILAMER V IAC
which the court a quo and the Court of Appeals resolved in the within the scope of his employment even though he uses his employer's
212 SCRA 637
affirmative. motor vehicle. 14 cda
Well-entrenched in our jurisprudence is the rule that the The employer may, however, be liable where he derives GUTIERREZ SR; August 17, 1992
factual findings of the Court of Appeals are entitled to great respect, and some special benefit from having the employee drive home in the
even finality at times. This rule is, however, subject to exceptions such as employer's vehicle as when the employer benefits from having the NATURE
when the conclusion is grounded on speculations, surmises, or employee at work earlier and, presumably, spending more time at his Motion for Reconsideration
conjectures. Such exception obtain in the present case to warrant review actual duties. Where the employee's duties require him to circulate in a
by this Court of the finding of the Court of Appeals that since ABAD was general area with no fixed place or hours of work, or to go to and from his FACTS
driving petitioner's vehicle he was acting within the scope of his duties as home to various outside places of work, and his employer furnishes him - Funtecha is a scholar of FCI. He is also employed as a janitor. The
a manager. with a vehicle to use in his work, the courts have frequently applied what president of FCI is Agustin Masa. Agustin has a son, Allan, who is the
On the issue of whether the private respondents have has been called the "special errand" or "roving commission" rule, under school bus (bus na jeepney) driver. Allan lives with his dad. Funtecha
sufficiently established that ABAD was acting within the scope of his which it can be found that the employee continues in the service of his also lives in the presidents house free of charge while a student at FCI.
assigned tasks, ABAD, who was presented as a hostile witness, testified employer until he actually reaches home. However, even if the employee - It is the practice of the driver (Allan) after classes to bring the kids
that at the time of the incident, he was driving a company-issued vehicle, be deemed to be acting within the scope of his employment in going to or home, then go back to the school, then go home in the school jeep. He is
registered under the name of petitioner. He was then leaving the from work in his employer's vehicle, the employer is not liable for his allowed to bring home the jeep because in the morning hes supposed to
restaurant where he had some snacks and had a chat with his friends negligence where at the time of the accident, the employee has left the fetch the kids and bring them to school.
after having done overtime work for the petitioner. No absolutely hard direct route to his work or back home and is pursuing a personal errand - One night, Funtecha wanted to drive home. He has a student license.
and fast rule can be stated which will furnish the complete answer to the of his own. After a dangerous curb, and seeing that the road was clear, Allan let
problem of whether at a given moment, an employee is engaged in his III. Use of Employer's Vehicle Outside Regular Funtecha drive. Then there was a fast moving truck (opposite direction)
employer's business in the operation of a motor vehicle, so as to fix Working Hours with glaring lights. Funtecha swerved right and hit the pedestrian
liability upon the employer because of the employee's action or inaction; An employer who loans his motor vehicle to an employee for Kapunan. Kapunan was walking in his lane in the direction against
but rather, the result varies with each state of facts. The court a quo and the latter's personal use outside of regular working hours is generally not vehicular traffic (I think ito yung tamang lane and direction ng
the Court of Appeals were one in holding that the driving by a manager of liable for the employee's negligent operation of the vehicle during the pedestrians). The jeep had only one functioning headlight that night.
a company-issued vehicle is within the scope of his assigned tasks period of permissive use, even where the employer contemplates that a - TC and CA ruled in favor of Kapunan. SC reversed, saying that FCI is
regardless of the time and circumstances. The SC does not agree. The regularly assigned motor vehicle will be used by the employee for not liable for the injuries caused by Funtecha on the grounds that the
mere fact that ABAD was using a service vehicle at the time of the personal as well as business purposes and there is some incidental latter was not an authorized driver for whose acts the petitioner shall be
injurious incident is not of itself sufficient to charge petitioner with liability benefit to the employer. Even where the employee's personal purpose in directly and primarily answerable.
for the negligent operation of said vehicle unless it appears that he was using the vehicle has been accomplished and he has started the return
operating the vehicle within the course or scope of his employment. It trip to his house where the vehicle is normally kept, it has been held that ISSUE
used the principles in American Jurisprudence on the employer's liability he has not resumed his employment, and the employer is not liable for WON the employer of the janitor driving the school jeep can be held
for the injuries inflicted by the negligence of an employee in the use of an the employee's negligent operation of the vehicle during the return trip. liable
employer's motor vehicle: The foregoing principles and jurisprudence are applicable in
I. Operation of Employer's Motor Vehicle in Going our jurisdiction albeit based on the doctrine of respondeat superior, not HELD
to or from Meals on the principle of bonus pater familias as in ours. Whether the fault or YES
It has been held that an employee who uses his employer's negligence of the employee is conclusive on his employer as in American - Driving the vehicle to and from the house of the school president where
vehicle in going from his work to a place where he intends to eat or in law or jurisprudence, or merely gives rise to the presumption juris tantum both Allan and Funtecha reside is an act in furtherance of the interest
returning to work from a meal is not ordinarily acting within the scope of of negligence on the part of the employer as in ours, it is indispensable of the petitioner-school. Allan's job demands that he drive home the
torts & damages A2010 - 87 - prof. casis

school jeep so he can use it to fetch students in the morning of the next 294 CRA 209 LIGHT RAIL TRANSIT AUTHORITY & RODOLFO
school day.
ROMERO; August 14, 1998 ROMAN vs MARJORIE NAVIDAD, Heirs of the Late
- It is indubitable under the circumstances that the school president had
knowledge that the jeep was routinely driven home for the said purpose. NICANOR NAVIDAD & PRUDENT SECURITY AGENCY
Moreover, it is not improbable that the school president also had NATURE VITUG, J/February 6, 2003
knowledge of Funtecha's possession of a student driver's license and his Petition for review on certiorari 397 SCRA 75
desire to undergo driving lessons during the time that he was not in his
classrooms. FACTS NATURE: APPEAL from CAs DECISION
- In learning how to drive while taking the vehicle home in the direction of - On July 22, 1979, a convoy of four dump trucks owned by the National - 14 Oct 1993, about 730pm, Nicanor Navidad, then drunk, entered the
Allan's house, Funtecha definitely was not, having a joy ride Funtecha Power Corporation (NPC) left Marawi City bound for Iligan City. EDSA LRT station after purchasing a "token" (representing payment of
was not driving for the purpose of his enjoyment or for a "frolic of his Unfortunately, enroute to its destination, one of the trucks driven by the fare).
own" but ultimately, for the service for which the jeep was intended by Gavino Ilumba figured in a head-on-collision with a Toyota Tamaraw. The - While Navidad was standing on the platform near the LRT tracks,
the petitioner school. The act of Funtecha in taking over the steering incident resulted in the death of three persons riding in the Toyota Junelito Escartin, the security guard assigned to the area approached
wheel was one done for and in behalf of his employer for which act Tamaraw, as well as physical injuries to seventeen other passengers. Navidad.
the petitioner-school cannot deny any responsibility by arguing that it was - The heirs of the victims filed a complaint for damages against NPC and - A misunderstanding or an altercation between the two apparently
done beyond the scope of his janitorial duties. The clause "within the PHESCO Incorporated (PHESCO is a contractor of NPC with the main ensued that led to a fist fight.
scope of their assigned tasks" for purposes of raising the presumption of duty of supplying workers and technicians for the latter's projects, but in - No evidence, however, was adduced to indicate how the fight started or
liability of an employer, includes any act done by an employee, in this case it was alleged that they own the dump trucks). who, between the two, delivered the first blow or how Navidad later fell
furtherance of the interests of the employer or for the account of the - The trial court rendered a decision absolving NPC of any liability. on the LRT tracks.
employer at the time of the infliction of the injury or damage. Even if PHESCO appealed to the Court of Appeals, which reversed the trial - At the exact moment that Navidad fell, an LRT train, operated by
somehow, the employee driving the vehicle derived some benefit from court's judgment absolving PHESCO and sentencing NPC to pay petitioner Rodolfo Roman, was coming in. Navidad was struck by the
the act, the existence of a presumptive liability of the employer is damages. moving train, and he was killed instantaneously.
determined by answering the question of whether or not the servant was - Marjorie Navidad (Nicanors widow), along with their children, filed a
at the time of the accident performing any act in furtherance of his ISSUE complaint for damages against Junelito Escartin, Rodolfo Roman, the
master's business. WON NPC is the employer of Ilumba, driver of the dump truck, which LRTA, the Metro Transit Organization, Inc. (Metro Transit), and Prudent
- Funtecha is an employee of petitioner FCI. He need not have an official should be solidarily liable for the damages to the victims for the death of her husband.
appointment for a driver's position in order that the petitioner may be held - LRTA and Roman filed a counterclaim against Navidad and a cross-
responsible for his grossly negligent act, it being sufficient that the act of HELD claim against Escartin and Prudent. Prudent, in its answer, denied liability
driving at the time of the incident was for the benefit of the petitioner. YES and averred that it had exercised due diligence in the selection and
Hence, the fact that Funtecha was not the school driver or was not acting - In the provisions of the "Memorandum of Understanding" entered into supervision of its security guards.
with the scope of his janitorial duties does not relieve the petitioner of the by PHESCO and NPC, we are convinced that PHESCO was engaged in - The LRTA and Roman presented their evidence while Prudent and
burden of rebutting the presumption juris tantum that there was "labor only" contracting. In a "labor only" contract, the person acting as Escartin, instead of presenting evidence, filed a demurrer contending that
negligence on its part either in the selection of a servant or employee, or contractor is considered merely as an agent or intermediary of the Navidad had failed to prove that Escartin was negligent in his assigned
in the supervision over him. The petitioner has failed to show proof of its principal who is responsible to the workers in the same manner and to task.
having exercised the required diligence of a good father of a family over the same extent as if they had been directly employed by him. Finding - TC: Rendered in favor of the Navidads and against the Prudent Security
its employees Funtecha and Allan. There were no rules and regulations that a contractor was a "labor-only" contractor is equivalent to a finding and Junelito Escartin ordered the latter to pay jointly and severally the
prohibiting the use of the school jeep by persons other than the driver. that an employer-employee relationship existed between the owner plaintiffs the following:
There was thus no supervision on the part of FCI over its employees with (principal contractor) and the "labor-only" contractor, including the latter's "a) 1) Actual damages of P44,830.00; 2) Compensatory damages of
regard to the use of the jeep. workers. P443,520.00; 3) Indemnity for the death of Nicanor Navidad in the sum of
- The petitioner, thus, has an obligation to pay damages for injury arising - Article 2180 of the Civil Code explicitly provides: P50,000.00; b) Moral damages of P50,000.00; c) Attorneys fees of
from the unskilled manner by which Funtecha drove the vehicle. In the "Employers shall be liable for the damages caused by their employees P20,000; d) Costs of suit.
absence of evidence that the petitioner had exercised the diligence of a and household helpers acting within the scope of their assigned tasks, - TC: dismissed complaint against defendants LRTA and Rodolfo Roman
good father of a family in the supervision of its employees, the law even though the former are not engaged in any business or industry." for lack of merit.
imposes upon it the vicarious liability for acts or omissions of its - In this regard, NPC's liability is direct, primary and solidary with -Prudent appealed to the Court of Appeals.
employees. The liability of the employer is, under Article 2180, primary PHESCO and the driver. Of course, NPC, if the judgment for damages is - CA: exonerated Prudent from any liability for the death of Nicanor
and solidary. However, the employer shall have recourse against the satisfied by it, shall have recourse against PHESCO and the driver who Navidad and, instead, holding the LRTA and Roman jointly and severally
negligent employee for whatever damages are paid to the heirs of the committed the negligence which gave rise to the action. liable for the following amounts:
plaintiff. a) P44,830.00 as actual damages; b) P50,000.00 as nominal damages; c)
DISPOSITION Assailed decision affirmed. P50,000.00 as moral damages; d) P50,000.00 as indemnity for the death
NPC v CA (PHESCO INC.) of the deceased; and e) P20,000.00 as and for attorneys fees.
torts & damages A2010 - 88 - prof. casis

-CA ratiocinated that while the deceased might not have then as yet premise, however, for the employers liability is negligence or fault on the through the exercise of the diligence of a good father of a family could
boarded the train, a contract of carriage theretofore had already existed part of the employee. have prevented or stopped the act or omission."
when the victim entered the place where passengers were supposed to - Once such fault is established, the employer can then be made liable on
be after paying the fare and getting the corresponding token therefor. In the basis of the presumption juris tantum that the employer failed to -The law requires common carriers to carry passengers safely using the
exempting Prudent from liability, the court stressed that there was exercise diligentissimi patris families in the selection and supervision of utmost diligence of very cautious persons with due regard for all
nothing to link the security agency to the death of Navidad. It said that its employees. The liability is primary and can only be negated by circumstances.
Navidad failed to show that Escartin inflicted fist blows upon the victim showing due diligence in the selection and supervision of the employee, - Such duty of a common carrier to provide safety to its passengers so
and the evidence merely established the fact of death of Navidad by a factual matter that has not been shown. obligates it not only during the course of the trip but for so long as the
reason of his having been hit by the train owned and managed by the - A contractual obligation can be breached by tort and when the same act passengers are within its premises and where they ought to be in
LRTA and operated at the time by Roman. The appellate court faulted or omission causes the injury, one resulting in culpa contractual and the pursuance to the contract of carriage
petitioners for their failure to present expert evidence to establish the fact other in culpa aquiliana, Article 219414 of the Civil Code can well apply. - The statutory provisions render a common carrier liable for death of or
that the application of emergency brakes could not have stopped the train. - In fine, a liability for tort may arise even under a contract, where tort is injury to passengers (a) through the negligence or wilful acts of its
- CA denied petitioners motion for reconsideration in its resolution of 10 that which breaches the contract. Stated differently, when an act which employees or b) on account of wilful acts or negligence of other
October 2000. constitutes a breach of contract would have itself constituted the source passengers or of strangers if the common carriers employees through
of a quasi-delictual liability had no contract existed between the parties, the exercise of due diligence could have prevented or stopped the act or
ISSUES: the contract can be said to have been breached by tort, thereby allowing omission.
WON CA ERRED IN FINDING THAT LRTA IS LIABLE FOR THE DEATH the rules on tort to apply. - In case of such death or injury, a carrier is presumed to have been at
OF NICANOR NAVIDAD, JR. 2. YES. fault or been negligent, and by simple proof of injury, the passenger is
WON ERRED CA ERRED IN FINDING THAT RODOLFO ROMAN IS AN There is no showing that Rodolfo Roman himself is guilty of any culpable relieved of the duty to still establish the fault or negligence of the carrier
EMPLOYEE OF LRTA AND ALSO LIABLE FOR THE DEATH OF act or omission, he must also be absolved from liability as Prudent is. or of its employees and the burden shifts upon the carrier to prove that
NAVIDAD Needless to say, the contractual tie between the LRT and Navidad is not the injury is due to an unforeseen event or to force majeure. In the
itself a juridical relation between the latter and Roman; thus, Roman can absence of satisfactory explanation by the carrier on how the accident
LRTAs CLAIMS: be made liable only for his own fault or negligence. occurred, which LRTA and Roman, according to the CA, have failed to
-Escartins assault upon Navidad, which caused the latter to fall on the show, the presumption would be that it has been at fault, an exception
tracks, was an act of a stranger that could not have been foreseen or REASONING: from the general rule that negligence must be proved.
prevented. - Law and jurisprudence dictate that a common carrier, both from the DISPOSITION: CAS DECISION AFFIRMED with MODIFICATION but
- NO employer-employee relationship between Roman and LRTA nature of its business and for reasons of public policy, is burdened with only in that (a) the award of nominal damages is DELETED and (b)
because Roman himself had testified being an employee of Metro Transit the duty of exercising utmost diligence in ensuring the safety of petitioner Rodolfo Roman is absolved from liability. No costs.
and not of the LRTA. passengers. ______________
Navidads Contention: - The Civil Code, governing the liability of a common carrier for death of 12 Art. 2176. Whoever by act or omission causes damage to another,

- A contract of carriage was deemed created from the moment Navidad or injury to its passengers, provides: there being fault or negligence, is obliged to pay for the damage done.
paid the fare at the LRT station and entered the premises of the latter, "Article 1755. A common carrier is bound to carry the Such fault or negligence, if there is no pre-existing contractual relation
entitling Navidad to all the rights and protection under a contractual passengers safely as far as human care and foresight can provide, using between the parties, is called a quasi-delict and is governed by the
relation, and that the appellate court had correctly held LRTA and Roman the utmost diligence of very cautious persons, with a due regard for all provisions of this Chapter.
liable for the death of Navidad in failing to exercise extraordinary the circumstances. 13 Art. 2180. The obligation imposed by Article 2176 is demandable not

diligence imposed upon a common carrier. "Article 1756. In case of death of or injuries to passengers, only for ones own acts or omissions, but also for those of persons for
common carriers are presumed to have been at fault or to have acted whom one is responsible.
HELD: negligently, unless they prove that they observed extraordinary diligence The father and, in case of his death or incapacity, the mother, are
1. NO. The foundation of LRTAs liability is the contract of carriage and its as prescribed in articles 1733 and 1755." responsible for the damages caused by the minor children who live in
obligation to indemnify the victim arises from the breach of that contract "Article 1759. Common carriers are liable for the death of or their company.
by reason of its failure to exercise the high diligence required of the injuries to passengers through the negligence or willful acts of the Guardians are liable for damages caused by the minors or incapacitated
common carrier. In the discharge of its commitment to ensure the safety formers employees, although such employees may have acted beyond persons who are under their authority and live in their company.
of passengers, a carrier may choose to hire its own employees or avail the scope of their authority or in violation of the orders of the common The owners and managers of an establishment or enterprise are likewise
itself of the services of an outsider or an independent firm to undertake carriers. responsible for damages caused by their employees in the service of the
the task. In either case, the common carrier is not relieved of its "This liability of the common carriers does not cease upon branches in which the latter are employed or on the occasion of their
responsibilities under the contract of carriage. proof that they exercised all the diligence of a good father of a family in functions.
- PRUDENT could also be held liable but only for tort under the the selection and supervision of their employees." Employers shall be liable for the damages caused by their employees
provisions of Article 217612 and related provisions, in conjunction with "Article 1763. A common carrier is responsible for injuries and household helpers acting within the scope of their assigned tasks,
Article 2180,13 of the Civil Code. (But there wasnt any evidence shown suffered by a passenger on account of the willful acts or negligence of even though the former are not engaged in any business or industry.
that linking Prudent to the death of Navidad in this case- SC) The other passengers or of strangers, if the common carriers employees
torts & damages A2010 - 89 - prof. casis

The State is responsible in like manner when it acts through a special YES - Lis alibi was that he was driving at 55kph when he was suddenly
agent, but not when the damage has been caused by the official to whom - The Court rules that it was the truck driver's negligence in failing to confronted with a speeding car coming from the opposite direction. He
the task done properly pertains, in which case what is provided in article exert ordinary care to avoid the collision which was, in law, the proximate instinctively swerved to the right to avoid colliding with the oncoming
2176 shall be applicable. cause of the collision. As employers of the truck driver, Manalo and vehicle, and bumped plaintiff's car, which he did not see because it was
Lastly, teachers or heads of establishments of arts and trades shall be Tayag are, under Article 2180 of the Civil Code, directly and primarily midnight blue in color, with no parking lights or early warning device, and
liable for damages caused by their pupils and students or apprentices, so liable for the resulting damages. The presumption that they are negligent the area was poorly lighted. Defendants counterclaimed for damages,
long as they remain in their custody. flows from the negligence of their employee. That presumption, however, alleging that plaintiff was the one who was reckless or negligent.
The responsibility treated of in this article shall cease when the persons is only juris tantum, not juris et de jure. Their only possible defense is -RTC found Li and Alexander solidarily liable. CA absolved Alexander.
herein mentioned prove that they observed all the diligence of a good that they exercised all the diligence of a good father of a family to prevent
father of a family to prevent damage. the damage. Article 2180 reads as follows: ISSUE
14 Art. 2194. The responsibility of two or more persons who are liable for The obligation imposed by Article 2176 is demandable not only for one's 1. WON Li was grossly negligent in driving the company issued car
a quasi-delict is solidary. own acts or omissions, but also for those of persons for whom one is 2. WON Valenzuela was guilty of contributory negligence
responsible. 3. WON Alexander Commercial is liable as Lis employer
xxx xxx xxx
MCKEE V IAC (TAYAG & MANALO)
Employers shall be liable for the damages caused by their employees HELD
221 SCRA 517 and household helpers acting within the scope of their assigned tasks, 1. YES
Davide, Jr.; July 16, 1992 even though the former are not engaged in any business or industry. - The average motorist alert to road conditions will have no difficulty
xxx xxx xxx applying the brakes to a car traveling at the speed claimed by Li. Given a
NATURE The responsibility treated of in this article shall cease when the persons light rainfall, the visibility of the street, and the road conditions on a
- Petition to review the resolution of the CA herein mentioned prove that they observed all the diligence of a good principal metropolitan thoroughfare like Aurora Boulevard, Li would have
FACTS father of a family to prevent damage. had ample time to react to the changing conditions of the road if he were
- On January 8, 1977, in Pulong Pulo Bridge along MacArthur Highway, The diligence of a good father referred to means the diligence in the alert as every driver should be to those conditions. Driving exacts a more
Pampanga, a head-on-collision took place between an International selection and supervision of employees. than usual toll on the senses. Physiological "fight or flight" mechanisms
cargo truck, Loadstar, owned by private respondents, Jaime Tayag and - The answers of the private respondents in Civil Cases Nos. 4477 and are at work, provided such mechanisms were not dulled by drugs,
Rosalina Manalo, and driven by Ruben Galang, and a Ford Escort car 4478 did not interpose this defense. Neither did they attempt to prove it. alcohol, exhaustion, drowsiness, etc. Li's failure to react in a manner
driven by Jose Koh. The collision resulted in the deaths of Jose Koh, Kim which would have avoided the accident could therefore have been only
McKee and Loida Bondoc, and physical injuries to George McKee, VALENZUELA v CA (LI and ALEXANDER due to either or both of the two factors: 1) that he was driving at a "very
Christopher McKee and Araceli McKee, all passengers of the Ford fast" speed as testified by one of the witneses; and 2) that he was under
COMMERCIAL, INC.)
Escort. the influence of alcohol. Either factor working independently would have
- Immediately before the collision, the cargo truck, which was loaded 253 SCRA 303 diminished his responsiveness to road conditions, since normally he
with 200 cavans of rice weighing about 10,000 kilos, was traveling KAPUNAN; February 7, 1996 would have slowed down prior to reaching Valenzuela's car, rather than
southward from Angeles City to San Fernando Pampanga, and was be in a situation forcing him to suddenly apply his brakes.
bound for Manila. The Ford Escort, on the other hand, was on its way to - Li was, therefore, negligent in driving his company-issued Mitsubishi
NATURE
Angeles City from San Fernando. When the northbound car was about Lancer
Petition for review on certiorari
10 meters away from the southern approach of the bridge, 2 boys 2. NO
suddenly darted from the right side of the road and into the lane of the - Contributory negligence is conduct on the part of the injured party,
FACTS
car. The boys were moving back and forth, unsure of whether to cross all contributing as a legal cause to the harm he has suffered, which falls
- Ma. Lourdes Valenzuela was driving when she realized she had a flat
the way to the other side or turn back. Jose Koh blew the horn of the car, below the standard to which he is required to conform for his own
tire. She parked along the sidewalk of Aurora Blvd., put on her
swerved to the left and entered the lane of the truck; he then switched on protection. Under the "emergency rule" adopted by this Court in Gan vs.
emergency lights, alighted from the car, and went to the rear to open the
the headlights of the car, applied the brakes and thereafter attempted to Court of Appeals, an individual who suddenly finds himself in a situation
trunk. She was standing at the left side of the rear of her car pointing to
return to his lane. Before he could do so, his car collided with the truck. of danger and is required to act without much time to consider the best
the tools to a man who will help her fix the tire when she was suddenly
The collision occurred in the lane of the truck, which was the opposite means that may be adopted to avoid the impending danger, is not guilty
bumped by a car driven by defendant Richard Li and registered in the
lane, on the said bridge. of negligence if he fails to undertake what subsequently and upon
name of defendant Alexander Commercial, Inc.
- Please see first Mckee digest for details on the collision. reflection may appear to be a better solution, unless the emergency was
- Because of the impact plaintiff was thrown against the windshield of the
- Civil cases for damages based on quasi-delict were filed as a result of a brought by his own negligence.
car of the defendant, which was destroyed, and then fell to the ground.
vehicular accident. - While the emergency rule applies to those cases in which reflective
She was pulled out from under defendant's car. Plaintiff's left leg was
ISSUE thought or the opportunity to adequately weigh a threatening situation is
severed up to the middle of her thigh, with only some skin and sucle
WON the owners of the cargo truck (Tayag and Manalo) are liable for the absent, the conduct which is required of an individual in such cases is
connected to the rest of the body. She was confined in the hospital for
resulting damages dictated not exclusively by the suddenness of the event which absolutely
twenty (20) days and was eventually fitted with an artificial leg. She filed
HELD negates thoroughful care, but by the over-all nature of the circumstances.
a claim for damages against defendant.
torts & damages A2010 - 90 - prof. casis

A woman driving a vehicle suddenly crippled by a flat tire on a rainy night readjustment of the functions of the brain and nerves. The patient The state is liable in this sense when it acts through a special
will not be faulted for stopping at a point which is both convenient for her apparently was slightly deaf, had a light weakness in his eyes and in his agent, but not when the damage should have been caused by the
to do so and which is not a hazard to other motorists. She is not expected mental condition. This latter weakness was always noticed when the official to whom properly it pertained to do the act performed, in
to run the entire boulevard in search for a parking zone or turn on a dark plaintiff had to do any difficult mental labor, especially when he attempted which case the provisions of the preceding article shall be
street or alley where she would likely find no one to help her. to use his money for mathematical calculations. applicable.
- Negligence, as it is commonly understood is conduct which creates an - Witnesses testified that plaintiffs physical and mental condition before - The obligation to indemnify for damages which a third person causes to
undue risk of harm to others. It is the failure to observe that degree of the accident was excellent. He was one of the best contractors of another by his fault or negligence is based, as is evidenced by the same
care, precaution, and vigilance which the circumstances justly demand, wooden buildings. He could not now earn even a half of the income that Law 3, Title 15, Partida 7, on that the person obligated, by his own fault
whereby such other person suffers injury. he had secured for his work because he had lost 50 per cent of his or negligence, takes part in the act or omission of the third party who
3. YES efficiency. He had to dissolve a partnership that he had with an engineer caused the damage. It follows therefrom that the state, by virtue of such
- Since important business transactions and decisions may occur at all and give up a contract for the construction of a building. provisions of law, is not responsible for the damages suffered by private
hours in all sorts of situations and under all kinds of guises, the provision - Trial court held that the collision was due solely on the negligence of the individuals in consequence of acts performed by its employees in the
for the unlimited use of a company car therefore principally serves the chauffeur and awarded the plaintiff the sum of P14, 741. discharge of the functions pertaining to their office, because neither fault
business and goodwill of a company and only incidentally the private - Act No. 2457 was enacted. It states that E. Merritt is hereby authorized nor even negligence can be presumed on the part of the state in the
purposes of the individual who actually uses the car, the managerial to bring suit in the Court of First Instance of the city of Manila against the organization of branches of public service and in the appointment of its
employee or company sales agent. As such, in providing for a company Government of the Philippine Islands in order to fix the responsibility for agents; on the contrary, we must presuppose all foresight humanly
car for business use and/or for the purpose of furthering the company's the collision between his motorcycle and the ambulance of the General possible on its part in order that each branch of service serves the
image, a company owes a responsibility to the public to see to it that the Hospital, and to determine the amount of the damages, if any, to which general weal an that of private persons interested in its operation.
managerial or other employees to whom it entrusts virtually unlimited use Mr. E. Merritt is entitled on account of said collision, and the Attorney- Between these latter and the state, therefore, no relations of a private
of a company issued car are able to use the company issue capably and General of the Philippine Islands is hereby authorized and directed to nature governed by the civil law can arise except in a case where the
responsibly. appear at the trial on the behalf of the Government of said Islands, to state acts as a judicial person capable of acquiring rights and contracting
- In fine, Alexander Commercial, inc. has not demonstrated, to our defendant said Government at the same. obligations.
satisfaction, that it exercised the care and diligence of a good father of - The Civil Code in chap 2, title 16, book 4, regulates the obligations
the family in entrusting its company car to Li. No allegations were made ISSUES which arise out of fault or negligence; and whereas in the first article
as to whether or not the company took the steps necessary to determine WON the government is liable for the damages resulting from a tort thereof. No. 1902, where the general principle is laid down that where a
or ascertain the driving proficiency and history of Li, to whom it gave full committed by an agent or employee of the government person who by an act or omission causes damage to another through
and unlimited use of a company car. Not having been able to overcome fault or negligence, shall be obliged to repair the damage so done,
the burden of demonstrating that it should be absolved of liability for HELD reference is made to acts or omissions of the persons who directly or
entrusting its company car to Li, said company, based on the principle of NO indirectly cause the damage, the following articles refers to this persons
bonus pater familias, ought to be jointly and severally liable with the Ratio The State is only liable for the acts of its agents, officers and and imposes an identical obligation upon those who maintain fixed
former for the injuries sustained by Ma. Lourdes Valenzuela during the employees when they act as special agents within the meaning of relations of authority and superiority over the authors of the damage,
accident. paragraph 5 of article 1903. because the law presumes that in consequence of such relations the evil
Reasoning caused by their own fault or negligence is imputable to them. This legal
DISPOSITION Judgment of RTC reinstated. - In the United States the rule is that the state is not liable for the torts presumption gives way to proof, however, because, as held in the last
committed by its officers or agents whom it employs, except when paragraph of article 1903, responsibility for acts of third persons ceases
MERRITT v GOVERNMENT expressly made so by legislative enactment. The Government does not when the persons mentioned in said article prove that they employed all
undertake to guarantee to any person the fidelity of the officers or agents
34 Phil 311 the diligence of a good father of a family to avoid the damage, and
whom it employs, since that would involve it in all its operations in among these persons, called upon to answer in a direct and not a
TRENT; March 31, 1916 endless embarrassments, difficulties and losses, which would be subsidiary manner, are found, in addition to the mother or the father in a
subversive of the public interest. proper case, guardians and owners or directors of an establishment or
NATURE - As to the scope of legislative enactments permitting individuals to sue enterprise, the state, but not always, except when it acts through the
Appeal from decision of the CFI the state where the cause of action arises out of either fort or contract, agency of a special agent, doubtless because and only in this case, the
the rule is stated in 36 Cyc., 915, thus: fault or negligence, which is the original basis of this kind of objections,
FACTS By consenting to be sued a state simply waives its immunity from must be presumed to lie with the state.
- E. Merritt, riding on a motorcycle, was hit by the General Hospital suit. It does not thereby concede its liability to plaintiff, or create - Although in some cases the state might by virtue of the general
ambulance, which turned suddenly and unexpectedly to Taft Avenue any cause of action in his favor, or extend its liability to any cause principle set forth in article 1902 respond for all the damage that is
without sounding any whistle or horn, in contravention of an ordinance not previously recognized. It merely gives a remedy to enforce a occasioned to private parties by orders or resolutions which by fault or
and the Motor Vehicle Act. preexisting liability and submits itself to the jurisdiction of the court, negligence are made by branches of the central administration acting in
- Plaintiff was so severely injured. His leg showed a contraction of an subject to its right to interpose any lawful defense. the name and representation of the state itself and as an external
inch and a half and a curvature that made his leg very weak and painful - Paragraph 5 of article 1903 of the Civil Code reads: expression of its sovereignty in the exercise of its executive powers, yet
at the point of the fracture. Examination of his head revealed a notable
torts & damages A2010 - 91 - prof. casis

said article is not applicable in the case of damages said to have been FERIA; August 31, 1948 order by the commission, foreign to the exercise of duties of
occasioned to the petitioners by an executive official, acting in the his office if he is a special official) so that in representation of
exercise of his powers, in proceedings to enforce the collections of the state and being bound to act as an agent thereof, he
certain property taxes owing by the owner of the property which they hold NATURE executes the trust confided to him.
in sublease. Appeal from the decision of the Insular Auditor - There being no showing that whatever negligence may be imputed to
- The responsibility of the state is limited by article 1903 to the case the ECA or its officers, was done by a special agent, because the officers
wherein it acts through a special agent (one who receives a definite and FACTS of the ECA did not act as special agents of the government within the
fixed order or commission, foreign to the exercise of the duties of his - Jose Panlilio ignited his lighter near a drum into which gasoline was above defined meaning of that wod in Article 1903 of the Civil Code in
office if he is a special official) so that in representation of the state and being drained causing fire in the warehouse of Emergency Control storing gasoline in the warehouse of ECA, the government is not
being bound to act as an agent thereof, he executes the trust confided to Administration (ECA, a government agency). responsible for damages caused through such negligence.
him. This concept does not apply to any executive agent who is an - The fire destroyed the building owned by the petitioner, thereby giving - Although there is an act (Act No. 327) authorizing the filing of claims
employee of the acting administration and who on his own responsibility rise to this claim for damages against Panlilio for his negligence and the against the government with the Insular Auditor, and appeal by private
performs the functions which are inherent in and naturally pertain to his officers of ECA for storing gasoline in said warehouse contrary to the persons or entities from the latters decision to the Supreme Court, it
office and which are regulated by law and the regulations. provisions of ordinances of the City of Manila (ordinance requires a does not make any and all claims against the government allowable, and
- The responsibility of the state is limited to that which it contracts license for storing flammable substances, which ECA didnt have). the latter responsible for all claims.
through a special agent, duly empowered by a definite order or - Insular Auditor dismissed the claim hence this appeal.
commission to perform some act or charged with some definite purpose DISPOSITION Decision appealed from is affirmed.
which gives rise to the claim, and not where the claim is based on acts or ISSUE
omissions imputable to a public official charged with some administrative WON the government is liable for the damages
MENDOZA V. DE LEON
or technical office who can be held to the proper responsibility in the
manner laid down by the law of civil responsibility. HELD
- The chauffeur of the ambulance of the General Hospital was not such NO FONTANILLA V MALIAMAN and NATIONAL
an agent within the meaning of paragraph 5 of article 1903 - Art. 1903 of the Civil Code reads: IRRIGATION ADMINSITRATION
On the computation of damages 194 SCRA 486
The two items which constitute a part of the P14,741 and which are Art. 1903. The obligation imposed in the preceding article is
enforceable not only for personal acts and omission but also PARAS; February 27, 1991
drawn in question by the plaintiff are (a) P5,000, the award awarded for
permanent injuries, and (b) the P2,666, the amount allowed for the loss for those persons for whom another is responsible.
of wages during the time the plaintiff was incapacitated from pursuing his NATURE
occupation. We find nothing in the record which would justify us in xx Resolution
increasing the amount of the first. As to the second, the record shows,
and the trial court so found, that the plaintiff's services as a contractor The state is liable in this sense when it acts through a FACTS
were worth P1,000 per month. The court, however, limited the time to special agent, but not when the damage should have been - The National Irrigation Administration (NIA) maintains that it does
2months and 21 days, which the plaintiff was actually confined in the caused by the official to whom it properly pertained to do the not perform solely and primarily proprietary functions, but is an
hospital. In this we think there was error, because it was clearly act performed, in which case the provisions of the preceding agency of the government tasked with governmental functions, and
established that the plaintiff was wholly incapacitated for a period of 6 article shall be applicable. is therefore not liable for the tortuous act of its driver Garcia, who
months. The mere fact that he remained in the hospital only 2 months was not its special agent.
and 21 days while the remainder of the 6 months was spent in his home, - In the case of Merritt v. Government, the court held the following: o NIA believes this bases this on:
would not prevent recovery for the whole time. We, therefore, find that The state is not responsible for the damage PD 552 amended some provisions
the amount of damages sustained by the plaintiff, without any fault on his suffered by private individuals in consequence of acts of RA 3601 (the law which created the NIA)
part, is P18,075. performed by its employees in the discharge of the functions The case of Angat River Irrigation
Dispositive Judgment appealed from reversed. Whether the pertaining to their office n relations of a private nature System v. Angat River Workers Union
Government intends to make itself legally liable for the amount of governed by the civil law can arise except in a case where - Angat Case: Although the majority opinion declares that the Angat
damages above set forth, which the plaintiff has sustained by reason of the state acts as a juridical person capable of acquiring System, like the NIA, exercised a governmental function because
the negligent acts of one of its employees, by legislative enactment and rights and contracting obligations. the nature of its powers and functions does not show that it was
by appropriating sufficient funds therefor, we are not called upon to intended to bring to the Government any special corporate benefit
determine. This matter rests solely with the Legislature and not with the xx or pecuniary profit, a strong dissenting opinion held that Angat
courts. River system is a government entity exercising proprietary
That the responsibility of the state is limited by functions.
article 1903 to the case wherein it acts through a special - The Angat dissenting opinion:
ROSETE v AUDITOR GENERAL - Alegre protested the announced termination of his employment. He
agent (and a special agent, in the sense in which these
81 Phil 453 words are employed, is one who receives a definite and fixed argued that although his contract did stipulate that the same would
torts & damages A2010 - 92 - prof. casis

terminate on July 17, 1976, since his services were necessary and which funds shall accrue to a special fund for irrigation development of them brought Teotico to the Philippine General Hospital, where his
desirable in the usual business of his employer, and his under section 2 hereof; injuries were treated, after which he was taken home. In addition to the
employment had lasted for five years, he had acquired the status Unpaid irrigation fees or administration charges shall be preferred liens lacerated wound in his left upper eyelid, Teotico suffered contusions on
of regular employee and could not be removed except for valid first, upon the land benefited, and then on the crops raised thereon, the left thigh, the left upper arm, the right leg and the upper lip apart from
cause. which liens shall have preference over all other liens except for taxes on an abrasion on the right infra-patella region. These injuries and the
- The employment contract of 1971 was executed when the Labor the land, and such preferred liens shall not be removed until all fees or allergic eruption caused by anti-tetanus injections administered to him in
Code of the Philippines had not yet been promulgated, which came administration charges are paid or the property is levied upon and sold by the hospital, required further medical treatment by a private practitioner.
into effect some 3 years after the perfection of the contract. the National Irrigation Administration for the satisfaction thereof. . . . - Teotico filed with CFI Manila, a complaint which was, subsequently,
The same section also provides that NIA may sue and be sued in court. amended for damages against the City of Manila, its mayor, city
ISSUE It has its own assets and liabilities. It also has corporate powers to be engineer, city health officer, city treasurer and chief of police.
WON the NIR is a government agency with a juridical personality exercised by a Board of Directors. Section 2, subsection (f): - Defense pointed out that because of the lucrative scrap iron business
separate and distinct from the government, thereby opening it up to the (f) . . . and to transact such business, as are directly or indirectly then prevailing, stealing of iron catchbasin covers was rampant; that the
possibility that it may be held liable for the damages caused by its driver, necessary, incidental or conducive to the attainment of the above powers Office of the City Engineer has filed complaints in court resulting from
who was not its special agent and objectives, including the power to establish and maintain theft of said iron covers; that in order to prevent such thefts, the city
subsidiaries, and in general, to exercise all the powers of a corporation government has changed the position and layout of catchbasins in the
HELD YES under the Corporation Law, insofar as they are not inconsistent with the City by constructing them under the sidewalks with concrete cement
Reasoning the functions of government have been classified into provisions of this Act. covers and openings on the side of the gutter; and that these changes
governmental or constituent and proprietary or ministrant. The former DISPOSITION We conclude that the National Irrigation Administration had been undertaken by the city from time to time whenever funds were
involves the exercise of sovereignty and considered as compulsory; the is a government agency with a juridical personality separate and distinct available.
latter connotes merely the exercise of proprietary functions and thus from the government. It is not a mere agency of the government but a - CFI Manila sustained the theory of the defendants and dismissed the
considered as optional. corporate body performing proprietary functions. Therefore, it may be amended complaint, without costs.
held liable for the damages caused by the negligent act of its driver who - This decision was affirmed by the Court of Appeals, except insofar
The National Irrigation Administration was not created for purposes of was not its special agent. as the City of Manila is concerned, which was sentenced to pay
local government. While it may be true that the NIA was essentially a ACCORDINGLY, the Motion for Reconsideration dated January 26, 1990 damages in the aggregate sum of P6,750.00. Hence, this appeal by the
service agency of the government aimed at promoting public interest and is DENIED WITH FINALITY. The decision of this Court in G.R. No. 55963 City of Manila.
public welfare, such fact does not make the NIA essentially and purely a and G.R. No. 61045 dated December 1, 1989 is hereby AFFIRMED. - The first issue raised by the Manila is whether the present case is
"government-function" corporation. NIA was created for the purpose of DISSENTING: PADILLA: to say that NIA has opened itself to suit is one governed by Section 4 of RA 409 (Charter of the City of Manila) reading:
"constructing, improving, rehabilitating, and administering all national thing; to say that it is liable for damages arising from tort committed by its The city shall not be liable or held for damages or injuries to
irrigation systems in the Philippines, including all communal and pump employees, is still another thing. persons or property arising from the failure of the Mayor, the Municipal
irrigation projects." Certainly, the state and the community as a whole are The state or a government agency performing governmental functions Board, or any other city officer, to enforce the provisions of this chapter,
largely benefited by the services the agency renders, but these functions may be held liable for tort committed by its employees only when it acts or any other law or ordinance, or from negligence of said Mayor,
are only incidental to the principal aim of the agency, which is the through a special agent. Municipal Board, or other officers while enforcing or attempting to enforce
irrigation of lands. said provisions.
NIA is a government agency invested with a corporate personality CITY OF MANILA V TEOTICA or by Article 2189 of the Civil Code of the Philippines which
separate and distinct from the government, thus is governed by the provides:
22 SCRA 267
Corporation Law. Section 1 of Republic Act No. 3601 provides: Provinces, cities and municipalities shall be liable for damages for
Sec. 1. Name and Domicile A body corporate is hereby created which CONCEPCION; January 29, 1968 the death of, or injuries suffered by, any person by reason of defective
shall be known as the National Irrigation Administration. . . . which shall conditions of road, streets, bridges, public buildings, and other public
be organized immediately after the approval of this Act. It shall have its NATURE works under their control or supervision.
principal seat of business in the City of Manila and shall have Appeal by certiorari from a decision of the Court of Appeals. - Manila maintains that the former provision should prevail over the latter,
representatives in all provinces, for the proper conduct of its business. because RA 409, is a special law, intended exclusively for the City of
(Emphasis for emphasis). FACTS Manila, whereas the Civil Code is a general law, applicable to the entire
Besides, Section 2, subsection b of P.D. 552 provides that: - Genaro N. Teotico, an accountant, was at the corner of the Old Luneta Philippines.
(b) To charge and collect from the beneficiaries of the water from all and P. Burgos Avenue, Manila, waiting for a jeep. After waiting 5 mins,
irrigation systems constructed by or under its administration, such fees or he hailed a jeep that came to a stop. As he stepped down from the curb ISSUES
administration charges as may be necessary to cover the cost of to board the jeep, and took a few steps, he fell inside a manhole on P. WON City of Manila should be held liable for the damages suffered by
operation, maintenance and insurance, and to recover the cost of Burgos Avenue. Due to the fall, his head hit the rim of the manhole Teotica.
construction within a reasonable period of time to the extent consistent breaking his eyeglasses and causing broken pieces thereof to pierce his
with government policy; to recover funds or portions thereof expended for left eyelid. As blood flowed therefrom, impairing his vision, several HELD
the construction and/or rehabilitation of communal irrigation systems persons came to his assistance and pulled him out of the manhole. One YES.
torts & damages A2010 - 93 - prof. casis

Ratio RA 409,sec.4 refers to liability arising from negligence, in general, as general manager, to authorize the trip which was for the company's G.R. No. L-22554
regardless of the object thereof, whereas Article 2189, CC governs benefit
MARTIN; August 29, 1975
liability due to "defective streets," in particular. Since the present action is -Joya also filed a 3rd party complaint against the two Aranetas proving
based upon the alleged defective condition of a road, said Article 2189 is that they were involved in sending Taylor abroad
decisive thereon. -trial court rendered judgment ordering the respondent to pay the Ace NATURE
Reasoning The assertion to the effect that said Avenue is a national Advertising "the sum of P5,043.20 with interest at the legal rate from Appeal from the decision of the CFI
highway was made, for the first time, in its motion for reconsideration of August 23, 1954 until full payment. 3rd party complaint dismissed
the decision of the Court of Appeals. At any rate, under Article 2189 of -CA affirmed however dismissal of 3rd party complaint was reversed FACTS
the Civil Code, it is not necessary for the liability therein established to stating that Taylor's trip had been neither authorized nor ratified by the - Plaintiff-appellant Jikil Taha sold to a certain Alberto Timbangcaya a
attach that the defective roads or streets belong to the province, city or company motor launch named M/L "SAN RAFAEL". A year later or on April 9, 1962
municipality from which responsibility is exacted. What said article -CA noted that based on the facts, both petitioners knew and through Alberto Timbangcaya filed a complaint with the Office of the Provincial
requires is that the province, city or municipality have either "control or their acts showed that they approved of the trip. were also privy to the Fiscal of Palawan alleging that after the sale Jikil Taha forcibly took away
supervision" over said street or road. Even if P. Burgos Avenue were, unauthorized disbursement of the corporate moneys jointly with the the motor launch from him.
therefore, a national highway, this circumstance would not necessarily appellant; what had happened was in truth and in fact a venture by them - After conducting a preliminary investigation, Fiscal Francisco Ponce de
detract from its "control or supervision" by the City of Manila, under given their stamp of approval; and as it was an unauthorized act of Leon, in his capacity as Acting Provincial Fiscal of Palawan, filed with the
Republic Act 409. expenditure of corporate funds, and it was these three without whose Court of First Instance of Palawan the corresponding information for
Then, again, the determination of whether or not P. Burgos Avenue is acts the same could not have happened, the juridical situation was a Robbery with Force and Intimidation upon Persons against Jikil Taha.
under the control or supervision of the City of Manila and whether the simple quasi-delict by them committed upon the corporation, for which - June 15, 1962, Fiscal Francisco Ponce de Leon, upon being informed
latter is guilty of negligence, in connection with the maintenance of said solidary liability should have been imposed upon all in the first place that the motor launch was in Balabac, Palawan, wrote the Provincial
road, which were decided by the Court of Appeals in the affirmative, is Commander of Palawan requesting him to direct the detachment
one of fact, and the findings of said Court thereon are not subject to our ISSUE: commander in Balabac to impound and take custody of the motor launch.
review. WON petitioner is guilty of quasi-delict - Fiscal Ponce de Leon reiterated his request to the Provincial
Dispositive WHEREFORE, the decision appealed from should be as it is Commander to impound the motor launch, explaining that its subsequent
hereby affirmed, with costs against the City of Manila. HELD: Yes sale to a third party, plaintiff-appellant Delfin Lim, cannot prevent the
Voting Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, - The petitioner's assertion that he signed the questioned payroll checks court from taking custody of the same. Upon order of the Provincial
Sanchez, Castro, Angeles and Fernando, JJ., concur. in good faith has not been substantiated, he in particular not having Commander, defendant-appellee Orlando Maddela, Detachment
testified or offered testimony to prove such claim. Upon the contrary, in Commander of Balabac, Palawan, seized the motor launch "SAN
ARANETA v JOYA spite of his being a vice-president and director of the Ace Advertising, the RAFAEL" from plaintiff-appellant Delfin Lim and impounded it.
petitioner remained passive, throughout the period of Taylor's stay - Plaintiff-appellant Delfin Lim pleaded with Orlando Maddela to return the
57 SCRA 59
abroad, concerning the unauthorized disbursements of corporate funds motor launch but the latter refused. Likewise, Jikil Taha through his
CASTRO J.: May 24, 1974 for the latter. This plus the fact that he even approved thrice payroll counsel made representations with Fiscal Ponce de Leon to return the
checks for the payment of Taylor's salary, demonstrate quite distinctly seized property to plaintiff-appellant Delfin Lim but Fiscal Ponce de Leon
FACTS: that the petitioner neglected to perform his duties properly, to the damage refused, on the ground that the same was the subject of a criminal
-An employee of the Ace ADVERTISING Company was sent to the of the firm of which he was an officer. offense.
States to pursue studies in television. When asked about the expenses of
the trip, respondent answered that these were not shouldered by the -The fact that he was occupying a contractual position at the Ace ISSUES
company and instead by other parties Advertising is of no moment. The existence of a contract between the 1. WON defendant-appellee Fiscal Ponce de Leon had the power to
-while abroad, he continued to receive his salaries in the form of parties, as has been repeatedly held by this Court, constitutes no bar to order the seizure of the motor launch in question without a warrant of
vouchers ordered and signed by respondent Joya. The petitioner signed the commission of a tort by one against the other and the consequent search and seizure even if the same was admittedly the corpus delicti of
three of these checks. The others were signed by either the respondent, recovery of damages the crime
or Vicente Araneta (company treasurer) who put up part of the bill 2. WON defendants-appellees are civilly liable to plaintiffs-appellants for
connected with Taylor's trip and also handed him letters for delivery in the damages allegedly suffered by them granting that the seizure of the
United States. The Ace Advertising disbursed P5,043.20, all told, on TORTS WITH motor launch was unlawful
account of Taylor's travel and studies
-the Ace Advertising filed a complaint with the court of first instance of INDEPENDENT CIVIL HELD
Manila against the respondent for recovery of the total sum disbursed to 1. NO
Taylor, alleging that the trip was made without its knowledge, authority or ACTION - Defendant-appellees admitted that when Orlando Maddela entered the
ratification. The respondent, in his answer, denied the charge and premises of Delfin Lim and impounded the motor launch he was not
claimed that the trip was nonetheless ratified by the company's board of armed with a search warrant; that he effected the seizure of the motor
directors, and that in any event under the by-laws he had the discretion, launch in the absence of and without the consent of Delfin Lim. There
LIM v DE LEON
torts & damages A2010 - 94 - prof. casis

can be no question that without the proper search warrant, no public units of the Armed Forces of the Philippines, known as Task Force What is suspended is merely the right of the individual to seek release
official has the right to enter the premises of another without his consent Makabansa (TFM) ordered by General Fabian Ver "to conduct pre- from detention through the writ of habeas corpus as a speedy means of
for the purpose of search and seizure. And since in the present case emptive strikes against known communist-terrorist (CT) underground obtaining his liberty.
defendants-appellees seized the motor launch without a warrant, they houses in view of increasing reports about CT plans to sow disturbances Reasoning: [a] The purpose Art. 32 CC is to provide a sanction to the
have violated the constitutional right of plaintiffs-appellants against in Metro Manila," deeply cherished rights and freedoms enshrined in the Constitution. Its
unreasonable search and seizure. Plaintiffs allegations: That complying with said order of Ver, elements message is clear; no man may seek to violate those sacred rights with
2. YES of the TFM raided several places, employing in most cases defectively impunity. In times of great upheaval or of social and political stress, when
- Plaintiffs-appellants anchor their claim for damages on Articles 32 and issued judicial search warrants; that during these raids, certain members the temptation is strongest to yield to the law of force rather than the
2219 of the New Civil Code which provide in part as follows: of the raiding party confiscated a number of purely personal items force of law, it is necessary to remind ourselves that certain basic rights
belonging to plaintiffs; that plaintiffs were arrested without proper and liberties are immutable and cannot be sacrificed to the transient
"ART. 32.Any public officer or employee, or any private warrants issued by the courts; that for some period after their arrest, they needs or imperious demands of the ruling power. [b] The invocation of
individual, who directly or indirectly obstructs, defeats, were denied visits of relatives and lawyers; that plaintiffs were the doctrine of state immunity from suit totally misplaced. It cannot be
violates or in any manner impedes or impairs any of the interrogated in violation of their rights to silence and counsel; that military construed as a blanket license or a roving commission untramelled by
following rights and liberties of another person shall be liable men who interrogated them employed threats, tortures and other forms of any constitutional restraint, to disregard or transgress upon the rights and
to the latter for damages. violence on them in order to obtain incriminatory information or liberties of the individual citizen enshrined in and protected by the
xxx confessions and in order to punish them; that all violations of plaintiffs Constitution. The Constitution remains the supreme law of the land to
"(9)The rights to be secure in one's person, house, papers, constitutional rights were part of a concerted and deliberate plan to which all officials, high or low, civilian or military, owe obedience and
and effects against unreasonable searches and seizures. forcibly extract information and incriminatory statements from plaintiffs allegiance at all times. [c] Art. 32 of CC which renders any public officer
xxx and to terrorize, harass and punish them, said plans being previously or employee or any private individual liable in damages for violating the
"The indemnity shall include moral damages. Exemplary known to and sanctioned by defendants. Constitutional rights and liberties of another does not exempt the
damages may also be adjudicated." Plaintiffs sought actual/compensatory damages of P39,030; moral respondents from responsibility. Only judges are excluded from liability
damages of at least P150K each or a total of P3M; exemplary damages under the said article, provided their acts or omissions do not constitute a
"ART. 2219.Moral damages may be recovered in the of at least P150K each or a total of P3M; and attorney's fees not less violation of the RPC or other penal statute. [d] Even assuming that the
following and analogous cases: than P200K. suspension of the privilege of the writ of habeas corpus suspends
xxx Respondents contentions: A motion to dismiss was filed by petitioners' right of action for damages for illegal arrest and detention, it
"(6)Illegal search; defendants, through their counsel, then Sol-Gen. Estelito Mendoza, does not and cannot suspend their rights and causes of action for injuries
xxx alleging that (1) plaintiffs may not cause a judicial inquiry into the suffered because of respondents' confiscation of their private belongings,
"(1)Acts and action referred to in Articles 21, 26, 27, 28, 29, circumstances of their detention in the guise of a damage suit because the violation of their right to remain silent and to counsel and their right to
30, 32, 34 and 36." the privilege of the writ of habeas corpus is suspended; (2) assuming that protection against unreasonable searches and seizures and against
the courts can entertain the present action, defendants are immune from torture and other cruel and inhuman treatment.
- Pursuant to the foregoing provisions, a person whose constitutional liability for acts done in the performance of their official duties; and (3) the 2. NO
rights have been violated or impaired is entitled to actual and moral complaint states no cause of action against the defendants. Ratio: Although the doctrine of respondent superior is applicable to the
damages from the public officer or employee responsible therefor. In ISSUES case, as contended by respondents, the decisive factor in this case is the
addition, exemplary damages may also be awarded. 1. WON the suspension of the privilege of the writ of habeas corpus bars language of Art. 32 CC. The law speaks of an officer or employee or
a civil action for damages for illegal searches conducted by military person 'directly' or "indirectly" responsible for the violation of the
DISPOSITION Decision appealed from is hereby reversed and another personnel and other violations of rights and liberties guaranteed under constitutional rights and liberties of another. Thus, it is not the actor alone
one entered declaring the seizure illegal and ordering defendant-appellee the Constitution. (i.e. the one directly responsible) who must answer for damages under
Fiscal Francisco Ponce de Leon to pay to plaintiff-appellant Delfin Lim 2. WON a superior officer under the notion of respondent superior be Art. 32; the person indirectly responsible has also to answer for the
the sum of P3,000.00 as actual damages, plus P1,000.00 moral answerable for damages, jointly and severally with his subordinates, to damages or injury caused to the aggrieved party
damages, and, in addition, P750.00 for attorney's fees. the person whose constitutional rights and liberties have been violated. Reasoning: [a] The doctrine of respondent superior has been generally
3. WON trial court correct in dismissing the complaint with respect to limited in its application to principal and agent or to master and servant
(dome of the) plaintiffs on the basis of the alleged failure of said plaintiffs (i.e. employer and employee) relationship. No such relationship exists
ABERCA V VER
to file MFR of the court's resolution granting the respondent's motion to between superior officers of the military and their subordinates. But in this
G.R. No. L-69866 dismiss case, Art. 32 governs. [b] By this provision, the principle of accountability
YAP; April 15, 1988 HELD of public officials under the Constitution acquires added meaning and
1. NO. acquires a larger dimension. A superior have to answer for the
NATURE: Petition for certiorari Ratio: The suspension of the privilege of the writ of habeas corpus does transgressions of his subordinates against the constitutionally protected
FACTS not destroy petitioners' right and cause of action for damages for illegal rights and liberties of the citizen. Hence, Art. 32 of CC makes the persons
This case stems from alleged illegal searches and seizures and other arrest and detention and other violations of their constitutional rights. The who are directly, as well as indirectly, responsible for the transgression
violations of the rights and liberties of plaintiffs by various intelligence suspension does not render valid an otherwise illegal arrest or detention. joint tortfeasors. [c] To determine the sufficiency of the cause of action,
torts & damages A2010 - 95 - prof. casis

only the facts alleged in the complaint, and no others, should be seizure. The search and seizure were clearly illegal. There was no
considered. For this purpose, the motion to dismiss must hypothetically Facts probable cause for the seizure. Probable cause for a search has been
admit the truth of the facts alleged in the complaint. [d] So, under the -MHP Garments, Inc., was awarded by the Boy Scouts of the Philippines, defined as "such facts and circumstances which would lead a reasonably
above principles, it is difficult to justify the TCs dismissal for lack of the exclusive franchise to sell and distribute official Boy Scouts uniforms, discreet and prudent man to believe that an offense has been committed
cause of action the complaint against all the defendants, except supplies, badges, and insignias. In their Memorandum Agreement, and that the objects sought in connection with the offense are in the
Maj.Aguinaldo and MSgt. Balaba. The complaint contained allegations petitioner corporation was given the authority to "undertake or cause to place sought to be searched." These facts and circumstances were not in
against all the defendants which, if admitted hypothetically, would be be undertaken the prosecution in court of all illegal sources of scout any way shown by the petitioners to justify their warrantless search and
sufficient to establish a cause or causes of action against all of them uniforms and other scouting supplies." seizure. Indeed, after a preliminary investigation, the Provincial Fiscal of
under Art. 32 of CC. -Sometime in October 1983, MHP received information that private Rizal dismissed their complaint for unfair competition and later ordered
3. NO. respondents Agnes Villa Cruz, Mirasol Lugatiman, and Gertrudes the return of the seized goods.
The body of the motion itself clearly indicated that the motion was filed on Gonzales were selling Boy Scouts items and paraphernalia without any WON MHP Garments is liable
behalf of all the plaintiffs. And this must have been also the authority. De Guzman, an employee of petitioner corporation, was tasked Yes. The omission will not exculpate petitioners. The respondent court
understanding of defendants' counsel himself for when he filed his to undertake the necessary surveillance and to make a report of the correctly granted damages to private respondents. Petitioners were
comment on the motion, he furnished copies thereof, not just to the Philippine Constabulary (PC). De Guzman, Peafiel, and two (2) other indirectly involved in transgressing the right of private respondents
lawyers who signed the motion, but to all the lawyers of plaintiffs In filing constabulary men of the Reaction Force Battalion went to the stores of against unreasonable search and seizure. Firstly, they instigated the raid
the motion to set aside the resolution, the signing attorneys did so on respondents at the Marikina Public Market. Without any warrant, they pursuant to their covenant in the Memorandum Agreement to undertake
behalf of all the plaintiff. They needed no specific authority to do that. The seized the boy and girl scouts pants, dresses, and suits on display at the prosecution in court of all illegal sources of scouting supplies. The
authority of an attorney to appear for and in behalf of a party can be respondents' stalls. The seizure caused a commotion and embarrassed raid was conducted with the active participation of their employee. Larry
assumed, unless questioned or challenged by the adverse party or the private respondents. The items were then turned over by Captain de Guzman who did not lift a finger to stop the seizure of the boy and girl
party concerned, which was never done in this case. Peafiel to petitioner corporation for safekeeping. A criminal complaint for scouts items. By standing by and apparently assenting thereto, he was
DISPOSITION: Petition granted. Case remanded to the respondent court unfair competition was then filed against private respondents. After a liable to the same extent as the officers themselves. So with the
for further proceedings. preliminary investigation, the Provincial Fiscal of Rizal dismissed the petitioner corporation which even received for safekeeping the goods
complaint against all the private respondents. He also ordered the return unreasonably seized by the PC raiding team and de Guzman, and
SEPARATE OPINION: of the seized items which was not immediately returned despite refused to surrender them for quite a time despite the dismissal of its
TEEHANKEE, C.J., concurring: demands. Private respondents had to go personally to petitioners' place complaint for unfair competition. Secondly, Letter of Instruction No. 1299
- The Court's judgment at bar makes clear that all persons, be they public of business to recover their goods. Even then, not all the seized items already directs all law enforcement agencies of the Republic of the
officers or employees, or members of the military or police force or were turned. The other items returned were of inferior quality. Private Philippines, to apprehend immediately unauthorized manufacturers and
private individuals who directly or indirectly obstruct, defeat, violate or in respondent then filed a Civil Case against the petitioners for sums of distributors of Scout paraphernalia, upon proper application by the Boy
any manner impede or impair the constitutional rights and civil liberties of money and damages. The trial court ruled for the private respondents. Scouts of the Philippines and/or Girl Scouts of the Philippines for warrant
another person, stand liable and may be sued in court for damages as The decision was appealed to the respondent court. It affirmed the of arrest and/or search warrant with a judge, or such other responsible
provided in Art. 32 of CC. decision with modification officer as may be authorized by law; and to impound the said
- The case at bar specifically upholds and reinstates the civil action for MHP filed a petition for certiorari before the SC. paraphernalia to be used as evidence in court or other appropriate
damages filed in the court below by petitioners-plaintiffs for illegal administrative body it orders the immediate and strict compliance with the
searches conducted by military personnel and other violations of their Issue/s and Held Instructions which the petitioners miserably failed to do. And thirdly, they
constitutional rights and liberties. At the same time it rejects the WON the search and seizure was legal should have filed a third-party complaint against the raiding team for
automatic application of the principle of respondent superior or command No. The evidence did not justify the warrantless search and seizure of contribution or any other relief, in respect of respondents' claim for
responsibility that would hold a superior officer jointly and severally private respondents' goods. Petitioner corporation received information Recovery of Sum of Money with Damages. Again, they did not.
accountable for damages, including moral and exemplary, with his that private respondents were illegally selling Boy Scouts items and
subordinates who committed such transgressions. However, the paraphernalia in October 1983. The specific date and time are not WON an award for moral damages should be awarded
judgment gives the caveat that a superior officer must not abdicate his established in the evidence adduced by the parties. De Guzman then Yes. It is consistently ruled that moral damages are not awarded to
duty to properly supervise his subordinates for he runs the risk of being made a surveillance of the stores of private respondents. They reported penalize the defendant but to compensate the plaintiff for the injuries he
held responsible for gross negligence and of being held under the cited to the Philippine Constabulary and on October 25, 1983, the raid was may have suffered. Conformably with our ruling in Lim vs. Ponce de
provision of the Civil Code as indirectly and solidarily accountable with made on the stores of private respondents and the supposed illicit goods Leon, op. cit., moral damages can be awarded in the case at bench.
the tortfeasor. were seized. The progression of time between the receipt of the There can be no doubt that petitioners must have suffered sleepless
information and the raid of the stores of private respondents shows there nights, serious anxiety, and wounded feelings due the tortious raid
was sufficient time for petitioners and the PC raiding party to apply for a caused by petitioners. Private respondents' avowals of embarrassment
MHP GARMENTS, INC. vs. CA
judicial warrant. Despite the sufficiency of time, they did not apply for a and humiliation during the seizure of their merchandise were supported
PUNO; 22 September 1994 warrant and seized the goods of private respondents. In doing so, they by their testimonies.
took the risk of a suit for damages in case the seizure would be proved to The wantonness of the wrongful seizure justifies the award of exemplary
Nature violate the right of private respondents against unreasonable search and damages. It will also serve as a stern reminder to all and sundry that the
- Petition for Certiorari
torts & damages A2010 - 96 - prof. casis

constitutional protection against unreasonable search and seizure is a in the judgment that the fact from which the civil liability might "Sec, 2. Independent civil action. - an independent civil action entirely
virile reality and not a mere burst of rhetoric. The all encompassing arise did not exist. separate and distinct from the criminal action, may be brought by the
protection extends against intrusions directly done both by government - Petitioner also relies on Art 33 CC. However, the said article injured party during the pendency of the criminal case, provided the right
and indirectly by private entities. is reserved as required in the preceding section. Such civil action shall
speaks only of defamation, fraud and physical injuries. The
proceed independently of the criminal prosecution, and shall require only
Disposition injuries suffered by herein petitioners were alleged to be the a preponderance of evidence. "
IN VIEW WHEREFORE, the appealed decision is AFFIRMED WITH result of criminal negligence; they were not inflicted with malice. - "Art. 33. In cases of defamation, fraud, and physical injuries, a civil
MODIFICATION. We impose a SIX PERCENT (6%) interest from Hence, no independent civil action for damages may be instituted action for damages, entirely separate and distinct from the criminal
January 9, 1987 on the TWO THOUSAND PESOS (P2,000.00) for the in connection therewith. Otherwise stated, unless the act from action, may be brought by the injured party. Such civil action shall
unreturned twenty-six (26) pieces of girl scouts items and a TWELVE which the civil liability arises is declared to be non-existent in the proceed independently of the criminal prosecution, and shall require only
PERCENT (12%) interest, in lieu of SIX PERCENT (6%), on the said final judgment, the extinction of the criminal liability will not carry a preponderance of evidence."
amount upon finality of this Decision until the payment thereof. Costs with it the extinction of the civil liability Obiter - There are at least two things about Art. 33 of the Civil Code
against petitioners. which are worth noting, namely:
1. The civil action for damages which it allows to be instituted is ex-
DISPOSITIVE delicto. This is manifest from the provision which uses the expressions
MARCIA V CA (PAJE) Decision affirmed "criminal action" and "criminal prosecution."
205 PHIL 147 Tolentino says: "While the State is the complainant in the criminal case,
RELOVA; January 27, 1983 MADEJA V CARO the injured individual is the one most concerned because it is he who has
suffered directly. He should be permitted to demand reparation for the
ABAD SANTOS, J.: December 21, 1983
wrong which peculiarly affects him."
NATURE
2. The term "physical injuries" is used in a generic sense. It is not the
Petition for certiorari NATURE crime of physical injuries defined in the Revised Penal Code. It includes
Petition which seeks to set aside the order of the respondent judge not only physical injuries but consummated, frustrated and attempted
FACTS granting the defendant's motion to dismiss homicide.
- Paje is a driver of a Victory Liner Bus
- His bus collided with the jeep driven by Clemente Marcia, FACTS Dispositive
- Dr. Eva A. Japzon is accused of homicide through reckless imprudence Petition is GRANTED; the order dismissing Civil Case No. 141 is SET
causing the latters death and physical injuries to herein
for the death of Cleto Madeja after an appendectomy. The complaining ASIDE
petitioners, Edgar Marcia and Renato Yap witness is the widow of the deceased, Carmen L. Madeja. The
- Paje was charged with homicide and serious physical injuries information states that: "The offended party Carmen L. Madeja reserving
thru reckless imprudence. A civil case was also instituted against her right to file a separate civil action for damages." ARAFILES v PHILIPPINE JOURNALISTS, INC
him by herein petitioners for reckless imprudence and negligence - The criminal case still pending, Madeja sued Dr. Japzon for damages in CARPIO MORALES, J., March 25, 2004
in driving the passenger bus. the same court. She alleged that her husband died because of the gross
- He was convicted in the criminal case in the RTC. However, he negligence of Dr. Japzon. The respondent judge granted the defendant's NATURE
was acquitted in the CA. The CA ruled that criminal negligence is motion to dismiss which invoked Section 3 (a) of Rule 111 of the Rules of Petition for review of CA Deci
Court which reads: "Sec. 3. Other civil actions arising from offenses. - In
wanting and that Paje was not even guilty of civil negligence, for
all cases not included in the preceding section the following rules shall be FACTS
the case was of pure accident. observed: (a) Criminal and civil actions arising from the same offense (Consti II Case)
- The defendants presented the copy of said criminal case to the may be instituted separately, but after the criminal action has been -Respondent Morales wrote an article for Peoples Journal Tonight based
court handling the civil case against them. The civil case was commenced the civil action can not be instituted until final judgment has on the sworn statement in the police blotter and interview of Emelita
dismissed. been rendered in the criminal action.". . . Despuig where Despuig alleged that Arafiles raped her the month before
then attempted to rape her the night she filed a complaint. Morales
ISSUES ISSUES attempted to contact Arafiles but since the latters office was still closed
WON the acquittal in the criminal case would result to a dismissal 1. WON an independent civil action may be filed during the pendency of at that time (past 12mn he works for NIAS-PAGASA), he was not able
the criminal case to do so.
in the civil case
-About a year following the published article, Arafiles filed action for
HELD damages based on the alleged grossly malicious and overly
HELD 1. YES. Ratio Section 2, Rule 111 of the Rules of Court in relation to sensationalized report by Morales which cast aspersions on his
YES Article 33 of the Civil Code is the applicable provision. The two character, being the object of public contempt and ridicule as he was
- The acquittal of the accused from the criminal charge will not enactments are quoted hereinbelow: depicted as a sex-crazed stalker and serial rapist.
necessarily extinguish the civil liability unless the court declares -RTC: in favor of Arafiles
torts & damages A2010 - 97 - prof. casis

-CA: in favor of Morales, et. al. based on doctrine of fair comment reporters and [editors] usually have to race with their deadlines; and basis for an action for defamation in the absence of an allegation for
consistently with good faith and reasonable care, they should not be held special damages.
ISSUE to account, to a point of suppression, for honest mistakes or imperfection 2. NO.
WON the CA erred in holding that the publication of the news item was in the choice of words. The cause of action is libel.
not attended with malice to thus free respondents of liability for damages Disposition. WHEREFORE, the petition is hereby DENIED. SO Ratio Action arising from an intentional tortuous act causing mental
ORDERED distress cannot be sustained in this case, for such action is personal in
HELD nature, and since no particular individual was identified in the disputed
NO. Every citizen of course has the right to enjoy a good name and MVRS V ISLAMIC DAWAH COUNCIL article, such cause of action cannot be sustained.
reputation, but we do not consider that the respondents, under the Torts with independent civil action: DEFAMATION An "emotional
G.R. No. 135306
circumstances of this case, had violated said right or abused the freedom distress" tort action is personal in nature; it is a civil action filed by an
of the press. BELLOSILLO; January 28, 2003 individual to assuage the injuries to his emotional tranquility due to
Ratio. The newspapers should be given such leeway and tolerance as to personal attacks on his character.
enable them to courageously and effectively perform their important role NATURE - The purported damage caused by the published article falls under
in our democracy. In the preparation of stories, press reporters and Petition to review decision of CA principle of relational harm - which includes harm to social relationships
[editors] usually have to race with their deadlines; and consistently with in the community in the form of defamation; as distinguished from the
good faith and reasonable care, they should not be held to account, to a FACTS principle of reactive harm - which includes injuries to individual emotional
point of suppression, for honest mistakes or imperfection in the choice of - The ISLAMIC DA'WAH COUNCIL OF THE PHIL (IDCP), a local tranquility in the form of an infliction of emotional distress. The present
words. federation of more than 70 Muslim religious orgs, and some individual case falls within the application of the relational harm principle of tort
Reasoning. First discussed applicable provisions (A33, 19, 21 NCC): Muslims filed in the RTC Manila a complaint for damages in their own actions for defamation.
Article 33 contemplates a civil action for the recovery of damages that behalf and as a class suit in behalf of the Muslim members nationwide - To recover for this the plaintiff must show that: (a) conduct of the
is entirely unrelated to the purely criminal aspect of the case. A civil against MVRS PUBLICATIONS, et.al. defendant was intentional or in reckless disregard of plaintiff; (b)
action for libel under this article shall be instituted and prosecuted to final - Complaint alleged that what was published in BULGAR was insulting conduct was extreme and outrageous; (c) causal connection between
judgment and proved by preponderance of evidence separately from and and damaging to the Muslims; that these words alluding to the pig as the defendant's conduct and the plaintiff's mental distress; and, (d) the
entirely independent of the institution, pendency or result of the criminal God of the Muslims was not only published out of sheer ignorance but plaintiff's mental distress was extreme and severe.
action because it is governed by the provisions of the New Civil Code with intent to hurt the feelings, cast insult and disparage the Muslims and - Any party seeking recovery for mental anguish must prove more than
and not by the Revised Penal Code governing the criminal offense Islam; that on account of these libelous words Bulgar insulted not only mere worry, anxiety, embarrassment, or anger. (AmJur)
charged and the civil liability arising therefrom. the Muslims in the Phil but the entire Muslim world, esp. every Muslim Disposition Petition granted. Decision reversed.
-then discussed how to determine if a published work is libelous: In individual in non-Muslim countries.
actions for damages for libel, it is axiomatic that the published work - MVRS claimed it was merely an expression of belief/opinion and was
SEPARATE OPINION
alleged to contain libelous material must be examined and viewed published without malice. Also, it did not mention respondents as object
as a whole. of the article, hence, were not entitled to damages.
-then discussed the petitioners allegation that the news item as a RTC dismissed: plaintiffs failed to establish their cause of action since VITUG [concur]
malicious sensationalization failed: even though the police blotter only the persons allegedly defamed by the article were not specifically - The present controversy stems from a civil action for damages and not
shows 1 count of abduction and rape, respondent was present when identified. from a criminal complaint. CC recognizes the possibility of such a civil
Emelita executed her sworn-statement where she reported an abduction CA reversed: it was "clear from the disputed article that the defamation action either pursuant to Art 26, par. 4, to the effect that although it may
with rape and an abduction incident (where no rape occurred, but was was directed to all adherents of Islamic faith. not constitute a criminal offense, vexing or humiliating another on
about to happen) so respondents article was not maliciously account of his religious beliefs xxx can give rise to a cause of action for
sensationalized. The presentation of the news item subject of petitioners ISSUE damages, or to Art. 33 which provides that in case of defamation, a civil
complaint may have been in a sensational manner, but it is not per se 1. WON elements of libel exist complaint for damages, entirely separate and distinct from the criminal
illegal. Respondents could of course have been more circumspect in their 2. WON the cause of action should rise from an intentional tortuous act case, may be brought by the injured party.
choice of words as the headline and first seven paragraphs of the news causing mental distress - In the present case, the article relates to the entire Muslim population
item give the impression that a certain director of the NIAS actually and not just to the IDCP or to any of the individual respondents. There is
committed the crimes complained of by Emelita. The succeeding HELD no direct reference or allusion to the federation or any of its members, or
paragraphs (in which petitioner and complainant Emelita were eventually 1. NO. to any of the individual complainants. Respondents scarcely can claim
identified) sufficiently convey to the readers, however, that the narration Reasoning Defamation means the offense of injuring a person's having been singled out for social censure pointedly resulting in
of events was only an account of what Emelita had reported at the police character, fame or reputation through false and malicious statements. damages.
headquarters. Words which are merely insulting are not actionable as libel or slander
-then mentioned doctrine: The newspapers should be given such leeway per se, and mere words of general abuse however opprobrious, ill-
CARPIO [dissent]
and tolerance as to enable them to courageously and effectively perform natured, or vexatious, whether written or spoken, do not constitute a
their important role in our democracy. In the preparation of stories, press
torts & damages A2010 - 98 - prof. casis

- I dissent not because the newspaper article in question is libelous, but WON a decision of acquittal in a criminal case operates to dismiss a
because it constitutes an intentional tortious act causing mental distress separate civil action filed on the basis of the same facts as alleged in the
PRUDENTIAL BANK V IAC (Philippine Rayon Mills &
to those whom private respondent IDCP represents. criminal case (Anti-Graft and Corrupt Practices Act).
- Both RTC and CA found the article insulting and humiliating to Muslims, Anacleto Chi)
causing wounded feelings and mental anguish to believers of Islam. This HELD 216 SCRA 257
finding of fact establishes that petitioners have inflicted on private NO. DAVIDE, JR.; G.R. No. 74886 December 8, 1992
respondents an intentional wrongful act - humiliating persons because of Ratio The civil action permitted therein to be filed separately from the
their religious beliefs. criminal action may proceed independently of the criminal proceedings NATURE
"regardless of the result of the latter." Acquittal in the criminal case will Petition for review of the decision of IAC, which affirmed in
not be an obstacle for the civil case to prosper unless in the criminal case
AUSTRIA-MARTINEZ [dissent] toto the decision of CFI Quezon City in a civil action
the Court makes a finding that even civilly, the accused would not be instituted by the petitioner for the recovery of a sum of
- Focal point of claim for damages: insult caused by the article that the
liable. money representing the amount paid by it to the Nissho
Muslims worship the pig as their God which is absolutely contrary to their
Reasoning Company Ltd. of Japan for textile machinery imported by
basic belief as Muslims that there is only one God, and, that the greatest
ART 33. the Philippine Rayon Mills, Inc., represented by co-
sin in Islam is to worship things or persons other than Allah.
In cases of defamation, fraud, and physical injuries, a civil defendant Anacleto R. Chi.
- The article is not only an imputation of irreligious conduct but also a
action for damages, entirely separate and distinct from the
downright misrepresentation of the religious beliefs of Muslims. Liability
criminal action, may be brought by the injured party. Such civil FACTS
for libel does not depend on the intention of the defamer, but on the fact
action shall proceed independently of the criminal prosecution, -August 8, 1962: Philippine Rayon Mills, Inc. entered into a
of defamation.
and shall require only a preponderance of evidence. contract with Nissho Co., Ltd. of Japan for the importation of
- The filing in this case of a civil action separate from the criminal action textile machineries under a five-year deferred payment plan.
SALTA V DE VEYRA is fully warranted under the provision of Article 33 of the New Civil Code. To effect payment for said machineries, Phil. Rayon applied
202 Phil 527 The criminal case is for the prosecution of an offense the main element of for and was granted a commercial letter of credit with the
which is fraud, one of the kinds of crime mentioned in the aforecited
DE CASTRO; September 30, 1982 Prudential Bank and Trust Company in favor of Nissho.
provision. Based on the same acts for which the criminal action was filed, Against this letter of credit, drafts were drawn and issued by
the civil actions very clearly alleged fraud and negligence as having given Nissho, which were all paid by the Prudential Bank through
FACTS
rise to the cause of action averred in the complaints. its correspondent in Japan, the Bank of Tokyo, Ltd. As
- Two cases involving the same issue disposed of by two judges in a
- The offenses specified in Article 33 are of such a nature, unlike other indicated on their faces, two of these drafts were accepted
manner directly in opposition of each other. For a uniform ruling that
offenses not mentioned, that they may be made the subject of a separate by the Phil Rayon through its president, Anacleto R. Chi,
would authoritatively settle this regrettable conflict of opinion, the two
civil action because of the distinct separability of their respective juridical while the others were not.
cases have been consolidated for a single decision.
cause or basis of action. This is clearly illustrated in the case of -Upon arrival of the machineries, the Prudential Bank
- Salta was an employee of the PNB assigned as Manager of the
swindling, a specie of an offense committed by means of fraud, where indorsed the shipping documents to the Phil Rayon which
Malolos' branch. His duty was to grant loans, or only to recommend the
the civil case may be filed separately and proceed independently of the accepted delivery of the same. To enable the Phil Rayon to
granting of loans, depending on the amount of the loan applied for.
criminal case, regardless of the result of the latter. take delivery of the machineries, it executed, by prior
- In disregard of the pertinent rules, regulations and policies of the
- That there was fraud committed by the defendant in granting the arrangement with the Prudential Bank, a trust receipt which
respondent bank, Salta indiscriminately granted certain loans mentioned
aforesaid loans which rendered him liable for his acts, which fraud is
in the complaints filed by PNB, in manner characterized by negligence, was signed by Anacleto R. Chi in his capacity as president
positively and easily identifiable in the manner and scheme of Phil Rayon.
fraud and manifest partiality, and upon securities not commensurate with
aforementioned.
the amount of the loans. -At the back of the trust receipt is a printed form to be
- JUSTICE JBL REYES: in the case of an independent civil actions
- PNB filed two civil actions to recover losses the bank suffered (Civil accomplished by two sureties who, by the very terms and
under the Civil Code, the result of the criminal case, whether acquittal or
Case No. 79583, Civil Case No. 88343). With this the bank filed a conditions thereof, were to be jointly and severally liable to
conviction, would be entirely irrelevant to the civil action. This seems to
criminal action against Salta, for violation of the Anti-Graft and Corrupt the Prudential Bank should the Phil Rayon fail to pay the
be the spirit of the law when it decided to make these actions `entirely
Practices Act. total amount or any portion of the drafts issued by Nissho
separate and distinct' from the criminal action. Hence in these cases, I
- Salta was acquitted in the criminal case, and filed Motions to Dismiss in and paid for by Prudential Bank. The Phil Rayon was able to
think Rule 107 Sec. 1(d) does not apply.
each of the two civil cases. It is in the resolution of the motions to dismiss take delivery of the textile machineries and installed the
- It is significant to note that under Article 31 [11] of the New Civil Code, it
that Judges de Veyra and Purisima of the CFI of Manila took same at its factory site at 69 Obudan Street, Quezon City.
is made clear that the civil action permitted therein to be filed separately
diametrically opposing views, the former denying the motion, the latter -Sometime in 1967, the Phil Rayon ceased business
from the criminal action may proceed independently of the criminal
granting it. operation. On December 29, 1969, Phil Rayon's factory was
proceedings "regardless of the result of the latter." leased by Yupangco Cotton Mills for an annual rental of
ISSUE P200,000.00. The lease was renewed on January 3, 1973.
DISPOSITION On January 5, 1974, all the textile machineries in the Phil
The decision of Justice De Veyra is affirmed.
torts & damages A2010 - 99 - prof. casis

Rayon's factory were sold to AIC Development Corporation an entrustee to turn over the proceeds of the sale of goods, thereof, be in writing. Otherwise, it would be unenforceable
for P300,000.00. documents or instruments covered by a trust receipt to the unless ratified. While the acknowledgement of a surety
-The obligation of the Phil Rayon arising from the letter of extent of the amount owing to the entruster or as appear in before a notary public is required to make the same a public
credit and the trust receipt remained unpaid and the trust receipt or to return said goods, documents or document, under Article 1358 of the Civil Code, a contract
unliquidated. Repeated formal demands for the payment of instruments if they were not sold or disposed of in of guaranty does not have to appear in a public document.
the said trust receipt yielded no result Hence, the present accordance with the terms of the trust receipt shall -Reading Section 13 of PD No. 115: It is clear that if the
action for the collection of the principal amount of constitute the crime of estafa, punishable under the violation or offense is committed by a corporation,
P956,384.95 was filed on October 3, 1974 against the Phil provisions of Art.315, par. 1(b) of the RPC. partnership, association or other juridical entities, the
Rayon and Anacleto R. Chi. -Under Article 33 of the Civil Code, a civil action for penalty of imprisonment shall be imposed upon the
Defendants Defenses lack of cause of action; prescription; damages, entirely separate and distinct from the directors, officers, employees or other officials or persons
laches criminal action, may be brought by the injured party in therein responsible for the offense. However, it is these
Lower Courts Ruling Both the CFI and the IAC ruled that cases of defamation, fraud and physical injuries. Estafa corporations, partnerships, associations, etc, which are
Philippine Rayon could be held liable for the two (2) drafts falls under fraud. made liable for the civil liability arising from the criminal
because only these appear to have been accepted by the 3. NO. Private respondent Chi's signature in the dorsal offense.
latter after due presentment. The liability for the remaining portion of the trust receipt did not bind him solidarily with -Since that violation of a trust receipt constitutes fraud
ten (10) drafts did not arise because the same were not Philippine Rayon. under Article 33 of the Civil Code, petitioner was acting
presented for acceptance. In short, both courts concluded 3a. YES. SCs own reading of the questioned solidary well within its rights in filing an independent civil action
that acceptance of the drafts by Philippine Rayon was guaranty clause yields the conclusion that the obligation of to enforce the civil liability arising therefrom against
indispensable to make the latter liable thereon. Chi is only that of a guarantor. Philippine Rayon.
Reasoning Last sentence of the clause speaks of waiver of 3b. NO. Excussion is not a condition sine qua non for the
ISSUES: exhaustion, which, nevertheless, is ineffective in this case institution of an action against a guarantor. There was
1. Whether presentment for acceptance of the drafts was because the space therein for the party whose property may nothing procedurally objectionable in impleading private
indispensable to make Philippine Rayon liable thereon; not be exhausted was not filled up. respondent Chi as a co-defendant in the civil case for the
2. Whether Philippine Rayon is liable on the basis of the -The clause "we jointly and severally agree and undertake" collection of a sum of money. As a matter of fact, Section 6,
trust receipt; refers to the undertaking of the two (2) parties who are to Rule 3 of the Rules of Court on permissive joinder of parties
3. Whether private respondent Chi is jointly and severally sign it or to the liability existing between themselves. It does explicitly allows it.
liable with Philippine Rayon for the obligation sought to be not refer to the undertaking between either one or both of -This is the equity rule relating to multifariousness. It is
enforced them on the one hand and the petitioner on the other with based on trial convenience and is designed to permit the
3a. If not, WON he may be considered a guarantor respect to the liability described under the trust receipt. joinder of plaintiffs or defendants whenever there is a
3b. If he is a guarantor, WON the case should have been Elsewise stated, their liability is not divisible as between common question of law or fact. It will save the parties
dismissed on the ground of lack of cause of action as there them, i.e., it can be enforced to its full extent against any unnecessary work, trouble and expense.
was no prior exhaustion of Philippine Rayon's properties. one of them. -However, Chi's liability is limited to the principal obligation
-Any doubt as to the import, or true intent of the solidary in the trust receipt plus all the accessories thereof including
HELD: guaranty clause should be resolved against the petitioner judicial costs; with respect to the latter, he shall only be
1. NO. Presentment for acceptance is necessary only in the since the trust receipt, together with the questioned solidary liable for those costs incurred after being judicially required
cases expressly provided for in Section 143 of the guaranty clause, is a contract of adhesion which must be to pay. Interest and damages, being accessories of the
Negotiable Instruments Law (NIL). The parties herein agree, strictly construed against the party responsible for its principal obligation, should also be paid; these, however,
and the trial court explicitly ruled, that the subject, drafts are preparation. shall run only from the date of the filing of the complaint.
sight drafts which do not require presentment for -By his signing, Chi became the sole guarantor. The Attorney's fees may even be allowed in appropriate cases.
acceptance. They are, pursuant to Section 7 of the NIL, attestation by witnesses and the acknowledgement before a Disposition Petition granted. Philippine Rayon Mills, Inc.
payable on demand. And even if these were not sight drafts, notary public are not required by law to make a party liable declared liable on the 12 drafts in question and on the trust
thereby necessitating acceptance, it would be the petitioner on the instrument. Contracts shall be obligatory in whatever receipt. Private respondent Anacleto R. Chi declared
and not Philippine Rayon which had to accept the form they may have been entered into, provided all the secondarily liable on the trust receipt.
same for the latter was not the drawee. essential requisites for their validity are present; however,
2. YES. when the law requires that a contract be in some form in
CAPUNO V PEPSI-COLA BOTTLING COMPANY OF
-And although it is true that the petitioner commenced a order that it may be valid or enforceable, or that it be proved
criminal action for the violation of the Trust Receipts Law, in a certain way, that requirement is absolute and THE PHILIPPINES
no legal obstacle prevented it from enforcing the civil liability indispensable. With respect to a guaranty, which is a MAKALINTAL; April 30, 1965
arising out of the trust, receipt in a separate civil action. promise to answer for the debt or default of another, the law
Under Section 13 of the Trust Receipts Law, the failure of merely requires that it, or some note or memorandum FACTS
torts & damages A2010 - 100 - prof. casis

- The case arose from a vehicular collision. the said Estate from appellees in Civil Case No. 838 but finally settled by Sarabia, supra, "the institution of a criminal action cannot have the effect
- Involved were a Pepsi-Cola delivery truck driven by Jon Elordi and a them in their compromise. of interrupting the institution of a civil action based on a quasi-delict."
private car driven by Capuno. - As to whether or not Rule 111, Section 2, of the Revised Rules of Court
- The collision proved fatal to the latter as well as to his passengers, the ISSUE which requires the reservation of the right to institute a separate and
spouses Florencio Buan and Rizalina Paras. WON the action had already prescribed. independent civil action in the cases provided for in Articles 31, 32, 33,
- Elordi was charged with triple homicide through reckless imprudence in 34, and 2177 of the Civil Code affects the question of prescription, the
the CFI of Pampanga. The information was subsequently amended to RULING said rule does not apply in the present case.
include claims for damages by the heirs of the three victims. YES.
- While the criminal case was pending, the Intestate Estate of the Buan - There can be no doubt that the present action is one for recovery of DISPOSTIION The order appealed from was affirmed, without costs.
spouses and their heirs filed a civil action, also for damages, in the CFI of damages based on a quasi-delict, which action must be instituted within
Tarlac against the Pepsi-Cola Bottling Company of the Philippines and four (4) years (Article 1146, Civil Code). CORPUS V PAJE
Jon Elordi. - Appellants originally sought to enforce their claim ex-delicto, that is,
28 SCRA 1062
- Included in the complaint was a claim for indemnity in the sum of under the provisions of the Penal Code, when they intervened in the
P2,623.00 allegedly paid by the Estate to the heirs of Capuno under the criminal case against Jon Elordi. The information therein, it may be CAPISTRANO; July 31, 1969
Workmen's Compensation Act. recalled, was amended precisely to include an allegation concerning
-In the criminal case both the heirs of Capuno and the Estate of were damages suffered by the heirs of the victims of the accident for which NATURE
represented by their respective counsel as private prosecutors: Attorney Elordi was being prosecuted. Direct appeal from an order of the Court of First Instance of Rizal
Ricardo Y. Navarro and Attorneys Jose W. Diokno and Augusto M. - But appellants' intervention was subsequently disallowed and they did
Ilagan. not appeal from the Court's order to the effect. FACTS
- In view of the filing of the civil action the accused Jon Elordi moved to - And when they commenced the civil action on September 26, 1958 the - December 23, 1956 Felardo Paje was driving a Victory Liner bus. It
strike out the appearances of these private prosecutors in the criminal criminal case was still pending, showing that appellants then chose to collided with a jeepney driven by Clemente Marcia in Lubao, Pampanga.
case. Grounds for the motion were (1) that as the Capuno heirs were pursue the remedy afforded by the Civil Code, for otherwise that action As a result of the collision, Marcia died while two other people were
concerned, they no longer had any interest to protect in the criminal case would have been premature and in any event would have been physically injured.
since they had already claimed and received compensation for the death concluded by the subsequent judgment of acquittal in the criminal case. - An information for homicide and double serious physical injuries through
of their decedent; and (2) that on the part of the Estate of Buan its right to - In filing the civil action as they did appellants correctly considered it as reckless imprudence was filed against Paje. Marcias heirs reserved their
intervene in said case had been abated by the civil action. entirely independent of the criminal action, pursuant to Articles 31 and 33 right to institute a separate civil action against Paje. Paje was later found
-The appearance and intervention of Attorneys Diokno and Ilagan was of the Civil Code, which read: guilty on November 7, 1960.
disallowed by the Court and that of Attorney Navarro was disallowed in ART. 31. When the civil action is based on an obligation not arising - November 21, 1961 Pending Pajes appeal, the window and children
an amending order. No appeal was taken from either of the two orders. from the act or omission complained of as a felony, such civil of Marcia instituted the separate civil action for damages arising from the
- The parties in the civil case entered into a "Compromise and action may proceed independently of the criminal proceedings and accident against Paje and Victory Liner, praying that the defendants be
Settlement." For P290,000.00 the Buan Estate gave up its claims for regardless of the result of the latter. jointly and severally liable.
damages, including the claim for reimbursement of the sum of P2,623.00 ART. 33. In cases of defamation, fraud, and physical injuries, a civil - November 9, 1962 Paje was acquitted by the appellate court, saying
previously paid to the heirs of Capuno "under the Workmen's action for damages, entirely separate and distinct from the criminal that the collision was purely an accident.
Compensation Act." action, may be brought by the injured party. Such civil action shall - December 29, 1962 Paje filed a motion to dismiss the civil action on
- The Court approved the compromise and accordingly dismissed the proceed independently of the criminal prosecution, and shall the ground that his acquittal barred the said action but the motion was
case. require only a preponderance of evidence. denied.
- At that time the criminal case was still pending; judgment was rendered - The term "physical injuries" in Article 33 includes bodily injuries causing Petitioners Claim
wherein the accused Elordi was acquitted of the charges against him. death. In other words, the civil action for damages could have been > The petitioners claim that the Lower Court erred in acquitting Paje and
Prior thereto, herein appellants commenced a civil action for damages commenced by appellants immediately upon the death of their decedent, that his acquittal was a bar to the civil action. Quoting Chantangco vs.
against the Pepsi-Cola Bottling Company of the Philippines and Jon Cipriano Capuno, and the same would not have been stayed by the filing Abaroai: It is true that one of the plaintiffs in the present case reserved
Elordi. of the criminal action for homicide through reckless imprudence. But the whatever right he may have had to bring a civil action. This was obviously
- This is the action which, upon appellees' motion, was dismissed by the complaint here was filed only on September 26, 1958, or after the lapse of no avail, inasmuch as there resulted a judgment for the defendant, and
Court a quo in its order of February 29, 1960, from which order the of more than five years. the plain inference from the foregoing is that a verdict of acquittal must
present appeal has been taken. - The foregoing considerations dispose of appellants' contention that the carry with it exemption from civil responsibility.
- The grounds upon which appellees based their motion for dismissal and four-year period of prescription in this case was interrupted by the filing of Respondents Comments:
which the Court found to be "well taken" were; (1) that the action had the criminal action against Jon Elordi inasmuch as they had neither > At the pre-trial of the civil case, the defendants asked the court to rule
already prescribed; and (2) that appellees had been released from waived the civil action nor reserved the right to institute it separately. on their special defense that plaintiffs' cause of action based upon a
appellants' claim for damages by virtue of the payment to the latter of the Such reservation was not then necessary; without having made it they quasi-delict had prescribed considering that the complaint was brought
sum of P2,623.00 by the Buan Estate under the Workmen's could file as in fact they did a separate civil action even during the four years and eleven months after the collision and that according to
Compensation Act, which sum, in turn, was sought to be recovered by pendency of the criminal case; and consequently, as held in Paulan v. Article 1144 of the Civil Code an action based upon a quasi-delict must
torts & damages A2010 - 101 - prof. casis

be instituted within four years. The lower court ruled that the action had - In the information, the offended party Carmen L. Madeja reserved her sense. With this in mind, it is evident that the terms 'physical injuries'
already prescribed. right to file a separate civil action for damages could not have been used in its specific sense as a crime defined in the
- The criminal case still pending, Carmen L. Madeja sued Dr. Eva A. Revised Penal Code, for it is difficult to believe that the Code
ISSUE Japzon for damages, alleging that her husband died because of the Commission would have used terms in the same article-some in their
WON the civil action against Paje can still prosper despite his acquittal gross negligence of Dr. Japzon. general and another in its technical sense.
- The defendant filed a motion to dismiss, which the respondent judge - In other words, the term 'physical injuries' should be understood to
HELD granted on the basis of Section 3(a) of Rule 111 of the Rules of Court16 mean bodily injury, not the crime of physical injuries, because the terms
NO used with the latter are general terms.
Ratio Criminal negligence, that is, reckless imprudence, is not one of the ISSUE - In any case the Code Commission recommended that the civil action for
three crimes mentioned in Article 33 of the Civil Code which authorizes WON a civil action for damages may be instituted pending the resolution physical injuries be similar to the civil action for assault and battery in
the institution of an independent civil action, that is, of an entirely of a criminal case American Law, and this recommendation must hove been accepted by
separate and distinct civil action for damages, which shall proceed the Legislature when it approved the article intact as recommended. If the
independently of the criminal prosecution and shall be proved only by a HELD intent has been to establish a civil action for the bodily harm received by
preponderance of evidence. Thearticle mentions only the crimes of YES the complainant similar to the civil action for assault and battery, as the
defamation, fraud, (estafa) and physical injuries. - Section 2, Rule 111 of the Rules of Court in relation to Article 33 of the Code Commission states, the civil action should lie whether the offense
Reasoning Civil Code is the applicable provision. A committed is that of physical injuries, or frustrated homicide, or attempted
- Although in the case of Dyogi vs. Yatco this Court held that the term - Sec. 2. Independent civil action. In the cases provided for in Articles homicide, or even death" **(end of obiter)
"physical injuries" used in Article 33 of the Civil Code includes homicide, 31, 32, 33, 34 and 2177 of the Civil Code of the Philippines, an - Corpus vs. Paje, which states that reckless imprudence or criminal
it is to be borne in mind that the charge against Felardo Paje was for independent civil action entirely separate and distinct from the negligence is not included in Article 33 of the Civil Code is not
reckless imprudence resulting in homicide, and not for homicide and criminal action, may be brought by the injured party during the authoritative. Of eleven justices only nine took part in the decision
physical injuries. pendency of the criminal case, provided the right is reserved as and four of them merely concurred in the result.
- In People vs. Buan, the Court ruled that the offense of criminal required in the preceding section. Such civil action shall proceed Disposition Petition is granted; the order dismissing Civil Case No. 141
negligence under Article 365 of the Revised Penal Code lies in the independently of the criminal prosecution, and shall require only a is hereby set aside.
execution of an imprudent or negligent act that, if intentionally done, preponderance of evidence." (Rule 111, Rules of Court.)
would be punishable as a felony. The law penalizes thus the negligent or - Art. 33. In cases of defamation, fraud, and physical injuries, a civil DULAY V CA (SAFEGUARD, SUPERGUARD)
careless act, not the result thereof. action for damages, entirely separate and distinct from the criminal
243 SCRA 220
- Homicide through reckless imprudence or criminal negligence comes action, may be brought by the injured party. Such civil action shall
under the general rule that the acquittal of the defendant in the criminal proceed independently of the criminal prosecution, and shall BIDIN; April 3, 1995
action is a bar to his civil liability based upon the same criminal act require only a preponderance of evidence. (Civil Code,)
notwithstanding that the injured party reserved. Obiter FACTS
- With regard to the issue of prescription, the Court ruled that the action - There are at least two things about Art. 33 of the Civil Code which are - Benigno Torzuela, , a security guard on duty at the "Big Bang sa
had indeed prescribed because the prescription period was pegged at 4 worth noting, namely: Alabang," and Atty. Napoleon Dulay had an altercation. Torzuela shot
years (A1146, CC) and began to run on the day the quasi-delict was 1. The civil action for damages which it allows to be instituted is ex- and killed Atty. Dulay.
committed. delicto. This is manifest from the provision which uses the expressions - Maria Benita Dulay, widow of Dulay, filed an action for damages against
Disposition PREMISES CONSIDERED, the order appealed from is "criminal action" and "criminal prosecution." Torzuela and Safeguard Investigation and Security Co., Inc.,
affirmed, without special pronouncement as to costs. 2. The term "physical injuries" is used in a generic sense. It is not (SAFEGUARD) and/or Superguard Security Corp. (SUPERGUARD),
the crime of physical injuries defined in the Revised Penal Code. alleged employers of defendant Torzuela.
It includes not only physical injuries but consummated, Respondent:
MADEJA V CARO
frustrated and attempted homicide. > that Torzuela's act of shooting Dulay was beyond the scope of his
211 PHIL 469 duties, and that since the alleged act of shooting was committed w/
- The Article in question uses the words 'defamation', 'fraud' and 'physical
ABAD SANTOS; December 21, 1983 injuries.' Defamation and fraud are used in their ordinary sense because deliberate intent (dolo), the civil liability is governed by Art 100 of the
there are no specific provisions in the Revised Penal Code using these RPC.
NATURE terms as means of offenses defined therein, so that these two terms > that a complaint for damages based on negligence under Art 2176 (the
Petition seeking to set aside the order of the CFI dismissing the civil case defamation and fraud must have been used not to impart to them any one filed by petitioners) cannot lie, since the civil liability under Art 2176
against Japzon technical meaning in the laws of the Philippines, but in their generic applies only to quasi-offenses under Art 365 of the RPC.
> that petitioners' filing of the complaint is premature considering that the
FACTS conviction of Torzuela in a criminal case is a condition sine qua non for
- DR. EVA A. JAPZON was accused of homicide through reckless 16 Sec. 3. Other civil actions arising from offenses. In all cases not included in the preceding the employer's subsidiary liability.
imprudence for the death of Cleto Madeja after an appendectomy. section the following rules shall be observed: (a) Criminal and civil actions arising from the same > that Article 33 of the New Civil Code applies only to injuries
offense may be instituted separately, but after the criminal action has been commenced the civil intentionally committed (Marcia v CA)
action can not be instituted until final judgment has been rendered in the criminal action. ...
Petitioner
torts & damages A2010 - 102 - prof. casis

> the incident resulting in the death of Dulay was due to the concurring negligence, it must be noted however, that Torzuela, the accused in the that in case of non-agreement of the creditors, it would file insolvency
negligence of the defendants. Torzuela's wanton and reckless discharge case at bar, is charged with homicide, not with reckless imprudence, proceedings.
of the firearm issued to him by defendant SAFEGUARD and/or whereas the defendant in Marcia was charged with reckless imprudence. - Aug 9, 1948, working committee discussed methods of achieving
SUPERGUARD was the immediate and proximate cause of the injury, Therefore, in this case, a civil action based on Article 33 lies. objectives, which were to preserve the assets of CALI and to study the
while the negligence of defendant SAFEGUARD and/or SUPERGUARD way of making a fair division of all the assets among the creditors.
consists in its having failed to exercise the diligence of a good father of a
family in the supervision and control of its employee to avoid the injury. INTENTIONAL TORTS However, negotiation on the division of assets was left pending.
- On the same day (Aug 9), Shell effected a telegraphic transfer of all its
> that their cause of action against the private respondents is based on credit against CALI to the American Corporation Shell Oil Co., Inc.,
their liability under Article 2180 assigning its credit amounting to $79,440. This was followed on Aug 10
VELAYO V SHELL CO OF THE PHILS
> that quasi-delicts are not limited to acts of negligence but also cover by a deed of assignment of credit amounting to $85,081.29.
acts that are intentional and voluntary, citing Andamo v. IAC. Thus, 100 PHIL 186 - Aug 12, 1948 American Shell Oil Co filed a complaint against CALI in
Torzuela's act of shooting Dulay constitutes a quasi-delict actionable FELIX; October 31, 1956 the Superior Court of the State of California, USA, for the collection of
under Art 2176 assigned credit of $79,440, and a writ of attachment was applied for and
> that Torzuela's act of shooting Dulay is also actionable under Art 3317 NATURE issued against a C-54 plane. Sept 17, 1948 an amended complaint was
and Section 3, Rule 111 of the Rules of Court18 Appeal from a judgment of CFI Manila filed to recover assigned credit of $85,081.29 and a supplemental
attachment for a higher sum against the C-54 plane, plus miscellaneous
ISSUE FACTS personal properties.
WON civil action can proceed independently of the criminal action - Since the start of Commercial Air Line, Incs (CALI) operations, its fuel - Unaware of Shells assignment of credit, CALI on Aug 12, 1948
needs were all supplied by Shell Company of the P.I., Ltd, (Shell). approved the memorandum agreement of sale to PAL, and noted that
HELD Desmond Fitzgerald, Shells Credit Manager was in charge of collecting the Board had been trying to reach an agreement with creditors to
YES payment. Any extensions of term of payment, however, had to be prevent insolvency proceedings, but so far no definite agreement had
- Rule 111 of the Rules on Criminal Procedure provides: decided by Stephen Crawford and later by Wildred Wooding been reached.
"Sec 1. Institution of criminal and civil actions. When a criminal - As of August 1948, Shells books showed a balance of P170,162.58 in - First week of Sept 1948, National Airports Corp learned of Shells action
action is instituted, the civil action for the recovery of civil liability its favor for goods it sold and delivered to CALI. Shell had reasons to in the US and hastened to file its own complaint with attachment against
is impliedly instituted with the criminal action, unless the offended believe that the financial condition of Shell was far from being CALI in the CFI of Manila.
party waives the civil action, reserves his right to institute it separately, satisfactory. - Oct 7, 1948 CALI filed a petition for voluntary insolvency. An order of
or institutes the civil action prior to the criminal action. Alfonso Sycip, CALIs President of Board of Directors, offered to insolvency was issued by the court on the same day. Mr. Alfredo Velayo
Such civil action includes recovery of indemnity under the Revised Fitzgerald CALIs Douglas C-54 plane, which was then in California. The was appointed Assignee in the proceedings.
Penal Code, and damages under Articles 32, 33, 34, and 2176 of the offer was declined by Crawford. - Velayo instituted case against Shell for the purpose of securing writ of
Civil Code of the Philippines arising from the same act or omission of - Aug 6, 1948, management of CALI informally convened its principal injunction restraining Shell from prosecuting against CALI, and as an
the accused." creditors in a luncheon, and informed them that CALI was in a state of alternative, that Shell be ordered to pay damages double the value of the
- It is well-settled that the filing of an independent civil action before the insolvency and had to stop operation. Alexander Sycip, Secretary of the plane if the case in the US will defeat the procurement of CALI of its
prosecution in the criminal action presents evidence is even far better Board of Directors of CALI, explained the memorandum agreement plane.
than a compliance with the requirement of an express reservation. This is executed by CALI with Phil Air Lines Inc on Aug 4, regarding the - Dec 22, 1948, Court denied petition because whether the conveyance
precisely what the petitioners opted to do in this case. proposed sale to PAL of the aviation equipment of CALI. Alfredo Velayo, of Shells credit was fraudulent or not, the Phil court would not be in a
- The term "physical injuries" in Article 33 has already been construed Auditor of CALI, discussed the balance sheets of CALI. The balance position to enforce its orders as against the American corporation Shell
to include bodily injuries causing death (Capuno v. Pepsi-Cola sheet made mention of the Douglas C-54 plane. Oil Co., Inc., which is outside the jurisdiction of the Phils.
Bottling Co; Carandang v. Santiago). It is not the crime of physical - There was a general understanding among all creditors present on the - Plaintiff confined his action to the recovery of damages against Shell.
injuries defined in the Revised Penal Code. It includes not only desirability of consummating the sale in favor of PAL. Then followed a Lower court dismissed the case.
physical injuries but also consummated, frustrated, and attempted discussion on the payment of claims of creditors and the preferences Defendants Comments
homicide (Madeja v. Caro). claimed for the accounts due to employees, the Government, and the > Assignment of credit in favor of American Shell was for valuable
- Although in the Marcia case, it was held that no independent civil action National Airports Corp. The other creditors disputed such contention of consideration and made in accordance with established commercial
may be filed under Article 33 where the crime is the result of criminal preference. No understanding was reached on the matter of preference practices
of payment and it was then generally agreed that the matter be further > It has no interest in the case instituted by American Shell, as they are
studied by a working committee to be formed. Mr. Fitzgerald of Shell, separate and distinct corporations.
17 Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, Atty. Agcaoili of National Airports Corp., and Atty. Alexander Sycip were > Fitzgerald was merely invited to the luncheon-meeting, without knowing
entirely separate and distinct from the criminal action, may be brought by the injured party. Such
civil action shall proceed independently of the criminal prosecution, and shall require only a appointed to the working committee. the purpose for which it was called. Fitzgerald could not have officially
preponderance of evidence - Those present in the meeting were of the unanimous opinion that it represented Shell because authority resides on Crawford.
18 Rule 111.Sec. 3. When civil action may proceed independently - In the cases provided for in would be advantageous not to present suits against CALI but to strive for
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil-action
which has been reserved may be brought by the offended party, shall proceed independently of a fair pro-rata division of its assets. The management of CALI announced
the criminal action, and shall require only a preponderance of evidence.
torts & damages A2010 - 103 - prof. casis

ISSUES Art 19. Any person must, in the exercise of his rights and in the - Plaintiff-appellant has no cause of action against it and is not the real
1. WON Shell Co., of the P.I. Ltd, taking advantage of its knowledge of performance of his duties, act with justice, give everyone his due and party in interest
the existence of CALIs airplane C-54 at California, USA, acted in bad observe honesty and good faith. - Plaintiffs right of action was based and prosecuted in the lower court
faith and betrayed the confidence and trust of other creditors of CALI - While Art 19 contains a mere declaration of principles, such declaration under the provisions of the Insolvency Law and consequently he is
present in said meeting by affecting a hasty telegraphic transfer of its is implemented by Article 21 of the Civil Code, which states stopped from pursuing another theory and is not entitled to damages
credit to the American corporation Shell Oil Company, Inc., thus Art 21. Any person who willfully causes loss or injury to another in a under the provisions of the new Civil Code.
defeating the purpose of the informal meetings of CALIs principal manner that is contrary to morals, good customs or public policy shall
creditors and depriving the plaintiff of the means of obtaining the plane, compensate the latter for the damage. HELD
or its value, to the detriment and prejudice of other CALI creditors who - Code Commission on Article 21: (it) would vouchsafe adequate legal - The facts on which Court based its conclusion that Shell acted in bad
were consequently deprived of their share in the distribution of said value remedy for that untold numbers of moral wrongs which is impossible for faith are not and cannot be denied or contradicted by defendant.
2. WON by reason of said betrayal of confidence and trust, Shell may be human foresight to provide for specifically in the statutes. (It) is a prudent - There is no sensible reason for disturbing the finding that Shell is liable
made to answer for the damages, and if so, the amount of such damages earnest of justice in the face of the impossibility of enumerating, one by for exemplary damages. The amount of the award, however, may be
one, all wrongs which cause damage. modified.
HELD - If Article 23 of Civil Code goes as far as to provide that Even if an act - According to the Civil Code, exemplary or corrective damages are
1. YES, Shell acted in bad faith. or event causing damage to anothers property was not due to the fault or imposed by way of example or correction for the public good, in addition
- It is evident that Shell, upon learning the precarious economic situation negligence of the defendant, the latter shall be liable for indemnity if to the moral, temperate, liquidated or compensatory damages, and that
of CALI and that will all probability, it could not get much of its through the act or event he was benefited., with much more reason that the amount of the exemplary damages need not be proved, for it is left to
outstanding credit because of the preferred claims of other creditors, Shell should be liable for indemnity for acts it committed in bad faith and the sound discretion of the Court.
entirely disregarded all moral inhibitory tenets. with betrayal of confidence. - Majority of the Court is of the opinion that the value of the C-54 plane
- The telegraphic transfer made without knowledge and at the back of - Anent the argument that Civil Code provisions cannot be applicable as might result too high, and that exemplary damages should not be left to
other creditors of CALI may be a shrewd and surprise move that enabled they came into effect only on Aug 30, 1950, Art 2252 of Civil Code speculation but properly determined by a certain and fixed amount. The
Shell to collect almost all if not the entire amount of its credit, but the provides by implication that when new provisions of the Code does not amount of exemplary damages is thus modified, and fixed at P25,000.
Court of Justice (SC) cannot countenance such attitude at all, and much prejudice or impair vested or acquired rights in accordance with the old
less from a foreign corporation to the detriment of Philippine Government legislation, they may be given retroactive effect. Shell did not have any SAUDI ARABIAN AIRLINES V CA (MORADA)
and local business. vested or acquired right to betray confidence of CALI or of its creditors.
297 SCRA 469
- Shells transfer of credit would have been justified only if Fitzgerald had Moreover, according to Art 2254 of Civil Code, no vested or acquired
declined to take part in the working committee and frankly and honestly right can arise from acts or omissions which are against the law or which QUISUMBING; October 8, 1998
informed the other creditors present that he had no authority to bind his infringe upon the right of others.
principal and that the latter was to be left free to collect its credit from Disposition Shell is liable to pay plaintiff, for the benefit of CALI and its NATURE
CALI by whatever means his principal deemed wise and were available creditors, compensatory damages a sum equivalent to the value of the Petition for certiorari to annul and set aside CA resolution and decision
to it. But then, such information would have dissolved all attempts to plane at the time Shell assigned its credit to American Shell, and another
come to an amicable conciliation and would have precipitated the filing of equal sum as exemplary damages. FACTS
CALIs voluntary insolvency proceedings and nullified the intended - Private respondent Milagros Morada was a flight attendant of Petitioner
transfer of Shells credit to American Shell. VELAYO V SHELL CO OF THE PHILS Company. During a stop-over in Jakarta, she went to a disco with 2 of her
2. YES, Shell must answer for damages. fellow crew members Thamer and Allah (both surnamed Al-Gazzawi) and
RESOLUTION
- Section 37 of the Insolvency Law states had breakfast in their hotel room. While there, Allah left and Thamer
Sec 37. If any person, before the assignment is made, having notice 100 PHIL 207 attempted to rape her. She was saved by hotel security personnel who
of the commencement of the proceedings in insolvency, or having FELIX; July 30, 1957 heard her cries for help. She later filed a case against them. The two
reason to believe that insolvency proceedings are about to be were arrested and detained by Jakarta police. When Morada returned to
commenced, embezzles or disposes of ay money, goods, chattels, or Defendant-appellees contentions Jeddah (the base of operations of petitioner), she was asked to go to
effects of the insolvent, he is chargeable therewith, and liable to an - It is not guilty of bad faith, it having done nothing but to protect Jakarta to arrange for the release of the two men. She proceeded to
action by the assignee for double the value of the property sought to legitimately its own interest or credit against the bad faith of its debtor, Jakarta but she refused to cooperate. She was eventually allowed to
be embezzled or disposed of, to be received for the benefit of the the insolvent CALI, under the control of the latters president Alfonso return to Jeddah but barred from Jakarta flights. The Indonesian
insolvent estate. Sycip authorities eventually deported the 2 men, through the intercession of the
- There are doubts, however, as to the applicability of this provision, as it - The transfer of credit to its sister corporation in the US did not prejudice Saudi govt., after 2 weeks of detention. They were put back in service
is contented that what Shell really disposed of was its own credit and not the Government, because its claims were fully paid, not caused any loss while respondent Morada was transferred to Manila.
CALIs property, although this was practically the effect and result of the or injury to other creditors, except the entities and groups controlled by - 2 years later, she was asked by her superiors to see Mr. Miniewy, the
scheme. The same result, however, may be achieved in applying the Alfonso Sycip. Chief Legal Officer of Saudia, in Jeddah. When they met, he brought her
provisions of the Civil Code. It is not liable for exemplary damages because the provisions of the new to the police station where her passport was taken and she was
Article 19 of the Civil Code provides Civil Code on the matter are not applicable to this case questioned about the Jakarta incident. Miniewy merely stood as the
torts & damages A2010 - 104 - prof. casis

police put pressure on her to drop the case against the two men. Not until - She aptly predicated her cause of action on Art.19 and Art.21 of the CC. standing and human rights of complainant, had lodged according to
she agreed to do so did the police return her passport and allowed her to As held in PNB v CA, the aforecited provisions on human relations were the private respondent. All told, it is not without basis to identify the Phil.
catch a later flight out of Jeddah. intended to expand the concept of torts in this jurisdiction by granting as the situs of the alleged tort.
- A year and a half later, she was again asked to go to Jeddah to see adequate legal remedy for the untold no. of moral wrongs which is - In keeping abreast with the modern theories on tort liability, We find
Miniewy. When she did, a certain Khalid of Saudia brought her to a Saudi impossible for human foresight to specifically provide in the statutes. here an occasion to apply the State of the most significant relationship
court where she was asked to sign a document written in Arabic. She Although Art.19 merely declares a principle of law, Art.21 gives flesh to rule, which should be appropriate to apply now, given the factual context
was told that it was necessary to close the case against Thamer and its provisions. of the case. In applying said principle to determine the State which has
Allah. As it turned out, she signed a document to appear before the court Reasoning the most significant relationship, the following contacts are to be taken
a week later. When the date of appearance came, she complied but only - After a careful study of the pleadings, We are convinced that there is into account and evaluated according to their relative importance with
after being assured by Saudias Manila manager that the investigation reasonable basis for private respondents assertion that although she respect to the particular issue: (A) the place where the injury occurred;
was routinary and posed no danger to her. She was brought before the was already working in Manila, petitioner brought her to Jeddah on the (B) the place where the conduct causing the injury occurred; (C) the
court and was interrogated by a Saudi judge and let go, however, just as pretense that she would merely testify in an investigation of the charges domicile, residence, nationality, place of incorporation and place of
she was about to board a plane home, she was told that she had been she made against the two crew members for the attack on her person. As business of the parties, and; (D) the place where the relationship, if any,
forbidden to take flight. She was later told to remain in Jeddah and her it turned out, she was the one made to face trial for very serious charges, between the parties is centered.
passport was again confiscated. A few days later, she was again brought including adultery and violation of Islamic laws and tradition. - As already discussed, there is basis for the claim that the over-all injury
before the same court where the Saudi judge, to her astonishment and - There is likewise logical basis on record for the claim that in handing occurred and lodged in the Phils. There is likewise no question that
shock, sentenced her to 5 months imprisonment and 286 lashes. Only over or turning over the person of private respondent to Jeddah private respondent is a resident Filipina national, working with petitioner,
then did she realize that the Saudi court had tried her, together with officials, petitioner may have acted beyond its duties as employer. a resident foreign corporation engaged in international air carriage
Thamer and Allah for what happened in Jakarta. The court found her Petitioners purported act contributed to and amplified or even business here. Thus, the relationship between the parties was centered
guilty of adultery; going to a disco, dancing and listening to music in proximately caused additional humiliation, misery and suffering of private here.
violation of Islamic laws; and socializing with the male crew, in respondent. Petitioner thereby allegedly facilitated the arrest, detention Disposition petition for certiorari is DISMISSED. Civil case entitled
contravention of Islamic tradition. and prosecution of private respondent under the guise of petitioners Milagros Morada v Saudi Arabia Airlines REMANDED to RTC
- Facing conviction, she sought help from her employer, petitioner Saudia authority as employer, taking advantage of the trust, confidence and faith
but she was denied assistance of any kind. She asked the Phil. Embassy she reposed upon it. As purportedly found by the Prince of Makkah, the GLOBE MACKAY V CA
to help her. Because she was wrongfully convicted, the Prince of Makkah alleged conviction and imprisonment of Morada was wrongful. But these
176 SCRA 778
dismissed the case against her and allowed her to leave Saudi Arabia. capped the injury or harm allegedly inflicted upon her person and
Shortly before her return to Manila, she was terminated from the service reputation, for which petitioner could be liable as claimed, to provide CORTES; August 25, 1989
by Saudia without being informed of the cause. compensation or redress for the wrongs done, once duly proven.
- She then filed a complaint for damages against Saudia and Mr. Al- 2. Philippine Law NATURE
Balawi, its country manager. Saudia filed a motion to dismiss raising the Ratio Choice of law rules invariably consist of a factual relationship (such An appeal from the decision of CA
issues of lack of cause of action and lack of jurisdiction. The RTC denied as property right, contract claim) and a connecting factor or point of
the motion to dismiss by Saudia, as well as the subsequent MFR. Saudia contact, such as the situs of the res, the place of celebration, the place of FACTS
then filed petition for certiorari and prohibition with prayer for issuance of performance, or the place of wrongdoing. - Private respondent Restituto M. Tobias was employed by petitioner
writ of preliminary injunction and/or TRO with the CA. The CA issued a Globe Mackay Cable and Radio Corporation as a purchasing agent and
TRO prohibiting respondent judge from conducting any proceeding administrative assistant to the engineering operations manager.
unless otherwise directed. The CA, however, in another resolution, Reasoning - GLOBE MACKAY discovered fictitious purchases and other fraudulent
denied Saudias prayer for issuance of writ of preliminary injunction. - Considering that the complaint in the court a quo is one involving torts, transactions for which it lost several thousands of pesos.
Saudia then filed to the SC this instant petition. However, during the the connecting factor or point of contact could be the place or places According to private respondent it was he who actually discovered the
pendency of this petition, respondent CA rendered a decision that the where the tortious conduct or lex loci actus occurred. And applying the anomalies and reported them to his immediate superior Eduardo T.
Philippines is an appropriate forum considering that the Amended torts principle in a conflicts case, we find that the Philippines could be Ferraren and to petitioner Herbert C. Hendry who was then the Executive
Complaint's basis for recovery of damages is Art.21 CC, thus, clearly said as a situs of the tort (the place where the alleged tortious conduct VP and General Manager of GLOBE MACKAY.
within the jurisdiction of respondent Court. took place). This is because it is in the Philippines where petitioner - one day after Tobias made the report, Hendry confronted him by stating
allegedly deceived private respondent, a Filipina residing and working that he was the number one suspect, and ordered him to take a one
ISSUES here. According to her, she had honestly believed that petitioner would, in week forced leave, not to communicate with the office, to leave his table
1. WON Morada had a cause of action the exercise of its rights and in the performance of its duties, act with drawers open, and to leave the office keys.
2. Which law should govern (Phil. Law or Saudi Law) justice, give her due and observe honesty and good faith. Instead, - when Tobias returned to work after the forced leave, Hendry went up to
petitioner failed to protect her, she claimed. That certain acts or parts of him and called him a "crook" and a "swindler." Tobias was then ordered
HELD the injury allegedly occurred in another country is of no moment. For in to take a lie detector test. He was also instructed to submit specimen of
1. YES our view, what is important here is the place where the over-all harm his handwriting, signature, and initials for examination by the police
or the totality of the alleged injury to the person, reputation, social investigators to determine his complicity in the anomalies.
torts & damages A2010 - 105 - prof. casis

- the Manila police investigators cleared Tobias of participation in the performance of one's duties. These standards are the following: to act - The imputation of guilt without basis and the pattern of harassment
anomalies. with justice; to give everyone his due; and to observe honesty and good during the investigations of Tobias transgress the standards of human
- Not satisfied with the police report, petitioners hired a private faith. The law, therefore, recognizes a primordial limitation on all rights; conduct set forth in Article 19 of the Civil Code. The Court has already
investigator who submitted a report finding Tobias guilty. This report that in their exercise, the norms of human conduct set forth in Article 19 ruled that the right of the employer to dismiss an employee should not be
however expressly stated that further investigation was still to be must be observed. A right, though by itself legal because recognized or confused with the manner in which the right is exercised and the effects
conducted. granted by law as such, may nevertheless become the source of some flowing therefrom. If the dismissal is done abusively, then the employer is
- Nevertheless, Hendry issued a memo suspending Tobias from work illegality. When a right is exercised in a manner which does not conform liable for damages to the employee.
preparatory to the filing of criminal charges against him. with the norms enshrined in Article 19 and results in damage to another, - Several other tortious acts were committed by petitioners against
- the Police Chief Document Examiner, after investigating other a legal wrong is thereby committed for which the wrongdoer must be held Tobias after the latter's termination from work: Hendry cut short Tobias'
documents pertaining to the alleged anomalous transactions, submitted a responsible. protestations by telling him to just confess or else the company would file
second laboratory crime report reiterating his previous finding that the Reasoning a hundred more cases against him until he landed in jail. Hendry added
handwritings, signatures, and initials appearing in the checks and other - One of the more notable innovations of the New Civil Code is the that, "You Filipinos cannot be trusted."
documents involved in the fraudulent transactions were not those of codification of "some basic principles that are to be observed for the - The threat unmasked petitioner's bad faith in the various actions taken
Tobias. The lie detector tests conducted on Tobias also yielded negative rightful relationship between human beings and for the stability of the against Tobias. On the other hand, the scornful remark about Filipinos as
results. social order." Foremost among these principles is that pronounced in well as Hendry's earlier statements about Tobias being a "crook" and
- Notwithstanding the two police reports exculpating Tobias from the Article 19 which provides: "swindler" are clear violations of 'Tobias' personal dignity
anomalies petitioners filed a complaint for estafa through falsification of Art. 19. Every person must, in the exercise of his rights and in the - The next tortious act committed by petitioners was the writing of a letter
commercial documents, later amended to just estafa. performance of his duties, act with justice, give everyone his due, and to RETELCO sometime in October 1974, stating that Tobias had been
- Subsequently five other criminal complaints were filed against Tobias, observe honesty and good faith. dismissed by GLOBE MACKAY due to dishonesty. Tobias remained
four of which were for estafa while the fifth was for of Art.290 of' RPC - But while Art.19 lays down a rule of conduct for the government of unemployed for a longer period of time. For this further damage suffered
(Discovering Secrets Through Seizure of Correspondence). human relations and for the maintenance of social order, it does not by Tobias, petitioners must likewise be held liable for damages consistent
- All of the 6 criminal complaints were dismissed by the fiscal. provide a remedy for its violation. Generally, an action for damages under with Article 2176 of the Civil Code.
- In the meantime, Tobias received a notice from petitioners that his either Article 20 or Article 21 would be proper. - Finally, there is the matter of the filing by petitioners of six criminal
employment has been terminated. Whereupon, Tobias filed a complaint - Article 20, which pertains to damage arising from a violation of law, complaints against Tobias. While sound principles of justice and public
for illegal dismissal. provides that: policy dictate that persons shall have free resort to the courts for redress
- Secretary of Labor, acting on petitioners' appeal from the NLRC ruling, Art. 20. Every person who contrary to law, wilfully or negligently of wrongs and vindication of their rights, the right to institute criminal
reinstated the labor arbiter's decision and dismissed the complaint. causes damage to another, shall indemnify the latter for the same. prosecutions can not be exercised maliciously and in bad faith.
Tobias appealed the Secretary of Labor's order with the Office of the - However, in the case at bar, petitioners claim that they did not violate Considering the haste in which the criminal complaints were filed, the fact
President. any provision of law since they were merely exercising their legal right to that they were filed during the pendency of the illegal dismissal case
- Unemployed, Tobias sought employment with the Republic Telephone dismiss private respondent. This does not, however, leave private against petitioners, the threat made by Hendry, the fact that the cases
Company. However, petitioner Hendry, without being asked by respondent with no relief because Article 21 of the Civil Code provides were filed notwithstanding the two police reports exculpating Tobias from
RETELCO, wrote a letter to the latter stating that Tobias was dismissed that: involvement in the anomalies committed against GLOBE MACKAY,
by GLOBE MACKAY due to dishonesty. Art. 21. Any person who wilfully causes loss or injury to another in a coupled by the eventual dismissal of all the cases, the Court is led into no
- Tobias filed a civil case for damages anchored on alleged unlawful, manner that is contrary to morals, good customs or public policy shall other conclusion than that petitioners were motivated by malicious intent
malicious, oppressive, and abusive acts of petitioners. compensate the latter for the damage. in filing the six criminal complaints against Tobias.
- Petitioner Hendry, claiming illness, did not testify during the hearings. - In determining whether or not the principle of abuse of rights may be - It must be underscored that petitioners have been guilty of committing
- The RTC rendered judgment in favor of Tobias by ordering petitioners invoked, there is no rigid test which can be applied. The question of several actionable tortious acts. Considering the extent of the damage
to pay him P80,000.00 as actual damages, P200,000.00 as moral whether or not the principle of abuse of rights has been violated resulting wrought on Tobias, the Court finds that, contrary to petitioners'
damages, P20,000.00 as exemplary damages, P30,000.00 as attorney's in damages under Article 20 or Article 21 or other applicable provision of contention, the amount of damages awarded to Tobias was reasonable
fees, and costs. law, depends on the circumstances of each case. under the circumstances.
- CA affirmed the RTC decision in toto. - the Court, after examining the record and considering certain significant - Petitioners still insist that the award of damages was improper, invoking
circumstances, finds that all petitioners have indeed abused the right that the principle of damnum absque injuria. It is argued that "[t]he only
ISSUE they invoke, causing damage to private respondent and for which the probable actual damage that private respondent could have suffered was
WON petitioners are liable for damages to private respondent latter must now be indemnified. a direct result of his having been dismissed from his employment, which
- An employer who harbors suspicions that an employee has committed was a valid and legal act of the defendants-appellants. According to the
HELD dishonesty might be justified in taking the appropriate action such as principle of damnum absque injuria, damage or loss which does not
YES ordering an investigation and directing the employee to go on a leave. constitute a violation of a legal right or amount to a legal wrong is not
Ratio Art.19, known to contain what is commonly referred to as the Firmness and the resolve to uncover the truth would also be expected actionable. This principle finds no application in this case. It bears
principle of abuse of rights, sets certain standards which must be from such employer. But the high-handed treatment accorded Tobias by repeating that even granting that petitioners might have had the right to
observed not only in the exercise of one's rights but also in the petitioners was certainly uncalled for. dismiss Tobias from work, the abusive manner in which that right was
torts & damages A2010 - 106 - prof. casis

exercised amounted to a legal wrong for which petitioners must now be was deemed to have waived his right. Baltao, claiming ignorance of the which the bouncing check was issued is owned by respondent, petitioner
held liable. Moreover, the damage incurred by Tobias was not only in complaint against him, immediately filed with the Provincial Fiscal of Rizal acted in good faith and probable cause in filing the complaint before the
connection with the abusive manner in which he was dismissed but was a motion for reinvestigation. Provincial Fiscal Mauro M. Castro of Rizal provincial fiscal. The presence of probable cause signifies, as a legal
also the result of several other quasi-delictual acts committed by reversed the finding of Fiscal Sumaway and exonerated respondent consequence, the absence of malice.
petitioners. Baltao. He found that the signature on the check is not the signature of Disposition petition is GRANTED and the decision of the CA is hereby
- Petitioners next question the award of moral damages. However, the Eugenio S. Baltao. REVERSED and SET ASIDE.
Court has already ruled that moral damages are recoverable in the cases - Because of the alleged unjust filing of a criminal case against him,
mentioned in Article 21 of said Code. respondent Baltao filed before the RTC a complaint for damages against AMONOY V GUTIERREZ
- Lastly, the award of exemplary damages is impugned by petitioners. herein petitioners Albenson Enterprises, Jesse Yap, its owner, and
351 SCRA 731
The nature of the wrongful acts shown to have been committed by Benjamin Mendiona, its employee. In its decision, the lower court
petitioners against Tobias is sufficient basis for the award of exemplary observed that "the check is drawn against the account of "E.L. PANGANIBAN; 2001
damages to the latter. Woodworks," not of Guaranteed Industries of which plaintiff used to be
Disposition petition is hereby DENIED and the decision of the CA is President. Guaranteed Industries had been inactive and had ceased to FACTS
AFFIRMED. exist as a corporation since 1975. . . The possibility is that it was with - Amonoy was the counsel of therein Francisca Catolos, Agnes Catolos,
Gene Baltao or Eugenio Baltao III, a son of plaintiff, that the defendants Asuncion Pasamba and Alfonso Formilda. He won the case for them and
may have been dealing with . . ." charged P27600 as attorneys fees. As they were not able to pay, his
clients executed real estate mortgages on their lands and the house
ISSUE thereon. Asuncion Pasamba died on 24 February 1969 while Alfonso
ALBENSON V CA WON private respondent's cause of action is not one based on malicious Fornilda passed away on 2 July 1969. Among the heirs of the latter was
prosecution but one for abuse of rights under Article 21 of the CC his daughter, plaintiff-appellant Angela Gutierrez.
BIDIN; January 11, 1993
- Because his attorneys fees thus secured by the two lots were not paid,
HELD on 21 January 1970 Amonoy filed for their foreclosure before the CFI of
NATURE NO Pasig, Rizal. The heirs opposed, contending that the attorneys fees
Petition assailing the decision of respondent CA which modified the Ratio The question of whether or not the principle of abuse of rights has charged were unconscionable and that the agreed sum was only
judgment of the RTC and ordered petitioner to pay private respondent been violated, resulting in damages under Articles 20 and 21 or other P11,695.92. But on 28 September 1972 judgment was rendered in favor
moral damages and attorney's fees. applicable provision of law, depends on the circumstances of each case. of Amonoy requiring the heirs to pay within 90 days the P27,600.00
The elements of an abuse of right under Article 19 are the following: (1) secured by the mortgage, P11,880.00 as value of the harvests, and
FACTS There is a legal right or duty; (2) which is exercised in bad faith; (3) for P9,645.00 as another round of attorneys fees. Failing in that, the two (2)
- Petitioner Albenson Enterprises Corporation delivered to Guaranteed the sole intent of prejudicing or injuring another. Article 20 speaks of the lots would be sold at public auction.
Industries, Inc. the mild steel plates which the latter ordered. As part general sanction for all other provisions of law which do not especially - They failed to pay. On 6 February 1973, the said lots were foreclosed.
payment thereof, Albenson was given a check in the amount of provide for their own sanction. Thus, anyone who, whether willfully or Amonoy was the highest bidder in the foreclosure sale. The heirs sought
P2,575.00 and drawn against the account of E.L. Woodworks. When negligently, in the exercise of his legal right or duty, causes damage to the annulment of the auction sale. The case was dismissed by the CFI
presented for payment, the check was dishonored for the reason another, shall indemnify his victim for injuries suffered thereby. Article 21 on 7 November 1977, and this was affirmed by the Court of Appeals on
"Account Closed." deals with acts contra bonus mores, and has the following elements: 1) 22 July 1981. Thereafter, the CFI on 25 July 1985 issued a Writ of
- From the records of the SEC, Albenson discovered that the president of There is an act which is legal; 2) but which is contrary to morals, good Possession and pursuant to which a notice to vacate was made on 26
Guaranteed, the recipient of the unpaid mild steel plates, was one custom, public order, or public policy; 3) and it is done with intent to August 1985. On Amonoys motion of 24 April 1986, the Orders of 25
"Eugenio S. Baltao." Upon further inquiry, Albenson was informed by the injure. There is a common element under Articles 19 and 21, and that is, April 1986 and 6 May 1986 were issued for the demolition of
Ministry of Trade and Industry that E.L. Woodworks, a single the act must be intentional. structures in the said lots, including the house of the Gutierrez
proprietorship business, was registered in the name of one "Eugenio Reasoning spouses.
Baltao". In addition, upon verification with the drawee bank, Albenson - Petitioners could not be said to have violated the principle of abuse of - The Gutierrez spouses sought a restraining order from the Supreme
was advised that the signature appearing on the subject check belonged right. What prompted petitioners to file the case for violation of BP 22 Court, which was granted by the same. Upon a judgment on merits later
to one "Eugenio Baltao." After obtaining the foregoing information, against private respondent was their failure to collect the amountdue on a on, Amonoy was ordered to return said properties to the rightful owners.
Albenson made an extrajudicial demand upon private respondent bounced check which they honestly believed was issued to them by But by the time the Supreme Court promulgated the above-mentioned
Eugenio S. Baltao to replace and/or make good the dishonored check. private respondent. Private respondent, however, did nothing to clarify Decision, respondents house had already been destroyed, supposedly in
However, private respondent has a namesake, his son Eugenio Baltao the case of mistaken identity at first hand. In the absence of a wrongful accordance with a Writ of Demolition ordered by the lower court.
III, who manages a business establishment, E.L. Woodworks, with the act or omission or of fraud or bad faith, moral damages cannot be - Thus, a Complaint for damages in connection with the destruction of
very same business address as Guaranteed. awarded and that the adverse result of an action does not per se make their house was filed by respondents against petitioner before the RTC
- Assistant Fiscal Ricardo Sumaway filed an information against Eugenio the action wrongful and subject the actor to the payment of damages, for on December 15, 1989. In its January 27, 1993 Decision, the RTC
S. Baltao for Violation of BP 22. In filing said information, Fiscal the law could not have meant to impose a penalty on the right to litigate. dismissed respondents suit. On appeal, the CA set aside the lower
Sumaway claimed that he had given Eugenio S. Baltao opportunity to Considering that Guaranteed, which received the goods in payment of courts ruling and ordered petitioner to pay respondents P250,000 as
submit controverting evidence, but the latter failed to do so and therefore,
torts & damages A2010 - 107 - prof. casis

actual damages. Petitioner then filed a Motion for Reconsideration, performance of ones duties. These standards are the following: to act
which was also denied. Hence, this recourse. with justice; to give everyone his due; and to observe honesty and good
faith. The law, therefore, recognizes the primordial limitation on all rights: HELD
ISSUE that in their exercise, the norms of human conduct set forth in Article 19 YES
WON Amonoy may properly invoke damnum absque injuria in this case must be observed. A right, though by itself legal because recognized or - UE had a contractual obligation to inform his students as to whether or
since at the time of the demolition he had color of authority over said granted by law as such, may nevertheless become the source of some not they have met all the requirements for the conferment of a degree.
properties illegality. When a right is exercised in a manner which does not conform Thus, UE in belatedly informing respondent of the result of the removal
with norms enshrined in Article 19 and results in damage to another, a examination, particularly at a time when he had already commenced
HELD legal wrong is thereby committed for which the wrongdoer must be held preparing for the bar exams, cannot be said to have acted in good faith.
NO responsible Absence of good faith must be sufficiently established for a
Ratio Damnum absque injuria may not be invoked by a person who successful prosecution by the aggrieved party in a suit for abuse of
claims to exercise a right but does so in an abusive manner violative of UE V JADER right under Article 19 of the Civil Code. Good faith connotes an honest
Article 19 of the Civil Code. Indeed, in the availment of ones rights, one intention to abstain from taking undue advantage of another, even though
325 SCRA 804
must the forms and technicalities of the law, together with the absence of all
Reasoning YNARES-SANTIAGO; February 17, 2000 information or belief of facts, would render the transaction
- Petitioner invokes this legal precept in arguing that he is not liable for unconscientious.
the demolition of respondents house. He maintains that he was merely FACTS - Considering that the institution of learning involved herein is a university
acting in accordance with the Writ of Demolition ordered by the RTC. - Jader was enrolled in the UE College of Law from 1984 up to 1988. He which is engaged in legal education, it should have practiced what it
- We reject this submission. Damnum absque injuria finds no application failed to take the regular final examination in Practice Court I for which he inculcates in its students, more specifically the principle of good dealings
to this case.True, petitioner commenced the demolition of respondents was given an incomplete grade .He enrolled for the second semester as enshrined in Articles 19 and 20 of the Civil Code which states:
house on May 30, 1986 under the authority of a Writ of Demolition issued fourth year law student .He filed an application for the removal of the Art. 19. Every person must, in the exercise of his rights and in the
by the RTC. But the records show that a Temporary Restraining Order incomplete grade but got a grade of five (5). performance of his duties, act with justice, give everyone his due, and
(TRO), enjoining the demolition of respondents house, was issued by the - In the mean time, his name appeared in the Tentative List of observe honesty and good faith.
Supreme Court on June 2, 1986. The CA also found, based on the Candidates for graduation with an annotation regarding his deficiencies. Art. 20. Every person who, contrary to law, wilfully or negligently
Certificate of Service of the Supreme Court process server, that a copy of His name also appeared in the invitation for the graduation as one of the causes damage to another, shall indemnify the latter for the same.
the TRO was served on petitioner himself on June 4, 1986. candidates for graduation. At the foot of the list of the names of the - Article 19 was intended to expand the concept of torts by granting
- Petitioner, however, did not heed the TRO of this Court. We agree with candidates there appeared however an annotation saying that it was a adequate legal remedy for the untold number of moral wrongs which is
the CA that he unlawfully pursued the demolition of respondents house tentative list and that degrees will be conferred upon these candidates impossible for human foresight to provide specifically in statutory law.
well until the middle of 1987. Although the acts of petitioner may have who satisfactorily complete requirements as stated in the University - In civilized society, men must be able to assume that others will do
been legally justified at the outset, their continuation after the issuance of Bulletin . Jader attended the graduation and brought his family with him. them no intended injury that others will commit no internal aggressions
the TRO amounted to an insidious abuse of his right. Indubitably, his He thereafter prepared himself for the bar examination. He took a leave upon them; that their fellowmen, when they act affirmatively will do so
actions were tainted with bad faith. Had he not insisted on completing of absence without pay from his job and enrolled at the pre-bar review with due care which the ordinary understanding and moral sense of the
the demolition, respondents would not have suffered the loss that class. Jader later learned of the deficiency and he dropped his review community exacts and that those with whom they deal in the general
engendered the suit before the RTC. Verily, his acts constituted not only class and was not able to take the bar examination. course of society will act in good faith. The ultimate thing in the theory of
an abuse of a right, but an invalid exercise of a right that had been Consequently, he sued UE for damages. liability is justifiable reliance under conditions of civilized society. Schools
suspended when he received the TRO from this Court on June 4, 1986. - UE denied liability arguing that it never led respondent to believe that he and professors cannot just take students for granted and be indifferent to
By then, he was no longer entitled to proceed with the demolition. completed the requirements for a Bachelor of Laws degree when his them, for without the latter, the former are useless.
- A commentator on this topic explains: name was included in the tentative list of graduating students. - Educational institutions are duty-bound to inform the students of their
The exercise of a right ends when the right disappears, and it - TC rendered judgment in favor of the Jader and ordered UE to pay academic status and not wait for the latter to inquire from the former. The
disappears when it is abused, especially to the prejudice of others. Jader P35,470.00 conscious indifference of a person to the rights or welfare of the
The mask of a right without the spirit of justice which gives it life, is - CA Affirmed and added an award of P50,000.00 for moral damages person/persons who may be affected by his act or omission can support
repugnant to the modern concept of social law. It cannot be said that - UE elevated the case to this Court on a petition for review arguing that it a claim for damages. Want of care to the conscious disregard of civil
a person exercises a right when he unnecessarily prejudices another x has no liability to respondent Romeo A. Jader, considering that the obligations coupled with a conscious knowledge of the cause naturally
x x. Over and above the specific precepts of positive law are the proximate and immediate cause of the alleged damages incurred by the calculated to produce them would make the erring party liable. Petitioner
supreme norms of justice x x x; and he who violates them violates the latter arose out of his own negligence in not verifying from the professor ought to have known that time was of the essence in the performance of
law. For this reason, it is not permissible to abuse our rights to concerned the result of his removal exam. its obligation to inform respondent of his grade. It cannot feign ignorance
prejudice others. that respondent will not prepare himself for the bar exams since that is
- Article 19, known to contain what is commonly referred to as the ISSUE precisely the immediate concern after graduation of an LL.B. graduate. It
principle of abuse of rights, sets certain standards which may be WON an educational institution may be held liable for damages for failed to act seasonably. Petitioner cannot just give out its students
observed not only in the exercise of ones rights but also in the misleading a student into believing that the latter had satisfied all the grades at any time because a student has to comply with certain
requirements for graduation when such is not the case
torts & damages A2010 - 108 - prof. casis

deadlines set by the Supreme Court on the submission of requirements received by you before this date has no sanction or authority by the - From Dec1986 to Aug1987, Barons purchased on credit wires and
for taking the bar. Petitioners liability arose from its failure to promptly Board of Directors of this Institution, therefore it is declared null and void." cables worth P4.1m, which it in turn supplied to MERALCO. In the sales
inform respondent of the result of an examination and in misleading the - On July 9, 1982, the president, vice president, secretary, and three invoice, it was stipulated that an interest of 12% would be imposed, plus
latter into believing that he had satisfied all requirements for the course. members of the Board of Directors, out of a membership of nine (9), 25% for attys fees and collection. On Sept1987, Barons paid P300k
- Petitioner cannot pass on its blame to the professors to justify its own resigned their positions from the Board "for the reason that the ICI (thereby leaving an unpaid account of P3.8m). Phelps sent several
negligence that led to the delayed relay of information to respondent. Faculty, has reacted acidly to the Board's deliberations for the demands, but Barons still did not pay. It instead wrote Phelps requesting
When one of two innocent parties must suffer, he through whose agency reinstatement of Mrs. Esteria F. Garciano, thereby questioning the if it could pay the outstanding account in monthly installments of P500k
the loss occurred must bear it. The modern tendency is to grant integrity of the Board's decision". plus 1% interest.
indemnity for damages in cases where there is abuse of right, even when - On September 3, 1982, petitioner filed a complaint for damages in the - Phelps, instead of responding to the request of Barons, filed a complaint
the act is not illicit. If mere fault or negligence in ones acts can make him Regional Trial Court, Cebu, Branch XI, against Fr. Wiertz, Emerito for recovery of the P3.8m plus interest, and prayed for attys fees of 25%
liable for damages for injury caused thereby, with more reason should Labajo, and some members of the faculty of the school for discrimination of the amt, and exemplary damages amounting to P100k.
abuse or bad faith make him liable. A person should be protected only and unjust and illegal dismissal. - Barons admitted the purchase of the wires and cables, but disputed the
when he acts in the legitimate exercise of his right, that is, when he acts amt claimed by Phelps. The RTC rendered decision in favor of Phelps,
with prudence and in good faith, but not when he acts with negligence or ISSUE ordering Barons to pay the debt and interest of 12% and awarding 25%
abuse. WON the defendants prevented the petitioner from reporting to the as attys fees. CA affirmed (with modification, reducing attys fees to 5%)
school and thus making them liable for damages Barons now assail the CA decision, alleging that Phelps should have
GARCIANO V CA been held guilty of creditors abuse of rights, and Barons should not be
liable for attys fees.
212 SCRA 436
HELD *note: Barons contends that Phelps abused its rights when it rejected
GRIO-AQUINO; August 10, 1992 NO Barons offer to settle the debt in installments
- The Court of Appeals was correct in finding that petitioner's **right involved: right of a creditor to refuse partial fulfillment of a
NATURE discontinuance from teaching was her own choice. While the prestation due to him
Petition for review of the decision of the Court of Appeals dismissing the respondents admittedly wanted her service terminated, they actually did
complaint for damages filed by the petitioner against the private nothing to physically prevent her from reassuming her post, as ordered ISSUES
respondents. by the school's Board of Directors. That the school principal and Fr. 1. WON there was creditors abuse of rights in this case
Wiertz disagreed with the Board's decision to retain her, and some 2. WON Barons should be liable for interest and attys fees
FACTS teachers allegedly threatened to resign en masse, even if true, did not HELD
- The petitioner was hired to teach during the 1981-82 school year in the make them liable to her for damages. They were simply exercising 1. NO
Immaculate Concepcion Institute in the Island of Camotes. On January their right of free speech or their right to dissent from the Board's Ratio there is no abuse of rights when there is no bad faith nor intent to
13, 1982, or before the school year ended, she applied for an indefinite decision. Their acts were not contrary to law, morals, good customs or prejudice another. Also, the mere exercise of a right cannot be said to be
leave of absence because her daughter was taking her to Austria where public policy. They did not "illegally dismiss" her for the Board's decision an abuse of right.
her daughter was employed. The application was recommended for to retain her prevailed. She was ordered to report for work on July 5, Reasoning
approval by the school principal, Emerito O. Labajo, and approved by the 1982, but she did not comply with that order. Consequently, whatever - the law prescribes a "primordial limitation on all rights" by setting certain
President of the school's Board of Directors. loss she may have incurred in the form of lost earnings was self-inflicted. standards that must be observed in the exercise thereof. Thus, the
- On June 1, 1982, Emerito Labajo addressed a letter to the petitioner Volenti non fit injuria. inclusion of Art.19 in the CC: Every person must, in the exercise of his
through her husband, Sotero Garciano (for she was still abroad), Ratio Liability for damages under Articles 19, 20 and 21 of the Civil rights and in the performance of his duties, act with justice, give everyone
informing her of the decision of Fr. Joseph Wiertz, the school's founder, Code arises only from unlawful, willful or negligent acts that are contrary his due, and observe honesty and good faith.
concurred in by the president of the Parent-Teachers Association and the to law, or morals, good customs or public policy. - To constitute abuse of rights, there must be bad faith or intent to
school faculty, to terminate her services as a member of the teaching prejudice the plaintiff. Citing Tolentino: There is undoubtedly an abuse of
staff because of: (1) the absence of any written contract of employment BARONS MARKETING V CA (PHELPS DODGE PHILS) right when it is exercised for the only purpose of prejudicing or injuring
between her and the school due to her refusal to sign one; and (2) the another. When the objective of the actor is illegitimate, the illicit act
286 SCRA 96
difficulty of getting a substitute for her on a temporary basis as no one cannot be concealed under the guise of exercising a right. xxx The
would accept the position without a written contract. Upon her return from KAPUNAN; February 9, 1998 exercise of a right must be in accordance with the purpose for which it
Austria in the later part of June, 1982, she received the letter informing was established, and must not be excessive or unduly harsh; there must
her that her services at the Immaculate Concepcion Institute had been NATURE be no intention to injure another.
terminated. She made inquiries from the school about the matter and, on Petition for review decision of CA - In this case, bad faith on the part of Phelps was not proved. More
July 7, 1982, the members of the Board of Directors of the school, with importantly, Phelps was driven by legitimate reasons for rejecting Barons
the exception of Fr. Joseph Wiertz, signed a letter notifying her that she FACTS offer. It merely wanted to avoid a situation wherein its cash position
was "reinstated to report and do your usual duties as Classroom Teacher - Phelps Dodge appointed Barons Marketing as one of its dealers of would be compromised, making it harder for them to pay its own
. . . effective July 5, 1982," and that "any letter or notice of termination electrical wires and cables. As such dealer, Barons was given 60 days obligations.
credit for its purchases of Phelps products.
torts & damages A2010 - 109 - prof. casis

Clearly, this (the request of Barons) would be inimical to the interests - November 28, 2989 - BPI served MARASIGAN a letter by ordinary mail 1. NO
of any enterprise, especially a profit-oriented one like Phelps. It is informing him of the temporary suspension of the privileges of his credit Ratio The agreement was for the immediate payment of the outstanding
plain to see that what we have here is a mere exercise of rights, not card and the inclusion of his account number in their Caution List. He account. A check is not considered as cash especially when it is
an abuse thereof. was also told to refrain from further use of his credit card to avoid any postdated sent to BPI. Thus, the issuance of the postdated check was
2. YES inconvenience/embarrassment and that unless he settles his outstanding not effective payment. BPI was therefore justified in suspending his credit
Ratio the penal clause included in the contract should be complied with account with the defendant within 5 days from receipt of the letter, his card. BPI did not capriciously and arbitrarily canceled the use of the
in the event of breach. membership will be permanently cancelled card.
Reasoning - There is no showing that the plaintiff received this letter before Reasoning
- the contract expressly provided for the imposition of the 12% interest December 8, 1989. - Under the terms and conditions of the credit card, signed by
plus 25% for attorneys fees and collection, by way of penal clause. Thus, - December 12, 1989 MARASIGAN requested that he be sent the exact MARASIGAN, any card with outstanding balances after thirty (30) days
Barons is bound to pay the said amounts. billing due him as of December 15, 1989, to withhold the deposit of his from original billing/statement shall automatically be suspended,
- However, since 25% if P4.1m is almost P2m, this should be reduced to postdated check and that said check be returned to him because he had Any CARD with outstanding balances unpaid after thirty (30) days
10% for being manifestly exorbitant. Thus, attys fees should be reduced already instructed his bank to stop the payment because BPI violated from original billing/statement date shall automatically be suspended
to 10% their agreement that when MARASIGAN issued the check to cover his and those with accounts unpaid after sixty (60) days from said original
Disposition CA decision modified WRT attys fees but AFFIRMED in account amounting to only P8,987.84 on the condition that BPI will not billing/statement date shall automatically be cancelled without
other respects suspend the effectivity of the card prejudice to BECC's right to suspend or cancel any CARD any time
- December 16, 1989 MARASIGAN sent letter to the manager of and for whatever reason.
FEBTC requesting the bank to stop the payment of the check - By his own admission MARASIGAN made no payment within 30 days
BPI EXPRESS CARD CORPORATION V CA
- March 12, 1990 MARASIGAN sent another letter reminding the for his billing/statement dated 27 September 1989. Neither did he make
(MARASIGAN) manager of FEBTC that he had long rescinded and cancelled whatever payment for his original billing/statement dated 27 October 1989.
296 SCRA 260 arrangement he entered into with BPI and requesting for his correct Consequently as early as 28 October 1989 thirty days from the non-
KAPUNAN; September 25, 1998 billing, less the improper charges and penalties, and for an explanation payment of his billing dated 27 September 1989, BPI could automatically
within five (5) days from receipt thereof why his card was dishonored on suspend his credit card.
December 8, 1989 despite assurance to the contrary by defendant's Ratio To find the existence of an abuse of right A19 the following
FACTS
personnel-in-charge, otherwise the necessary court action shall be filed elements must be present (1) There is a legal right or duty; (2) which is
- December 8, 1989 - Atty. Ricardo J. Marasigans credit card was
to hold defendant responsible for the humiliation and embarrassment exercised in bad faith; (3) for the sole intent of prejudicing or injuring
dishonored, the bill amounting to P735.32, by Caf Adriatico when the he
suffered by him another.
entertained some guests. One of his guests, Mary Ellen Ringler, paid the
- March 21, 1990 - final demand by BPI requiring him to pay in full his Reasoning
bill by using her own credit card a Unibankard
overdue account, including stipulated fees and charges, within 5 days - Good faith is presumed and the burden of proving bad faith is on the
- MARASIGAN was a complimentary member of BECC from February
from receipt thereof or face court action and also to replace the postdated party alleging it. As early as 28 October 1989, BPI could have suspended
1988 to February 1989 and was issued Credit Card with a credit limit of
check with cash within the same period or face criminal suit for violation MARASIGANS card outright. Instead, BPI allowed him to use his card for
P3,000.00 and with a monthly billing every 27th of the month His
of Bouncing Check Law several weeks.
membership was renewed for another year or until February 1990 and
- April 5, 1990 MARASIGAN demanded BPI compliance with his Ratio The underlying basis for the award of tort damages is the premise
the credit limit was increased to P5,000.00.
request in his first letter dated March 12, 1990 within three (3) days from that an individual was injured in contemplation of law. Thus, there must
- MARASIGAN oftentimes exceeded his credit limits but this was never
receipt, otherwise the plaintiff will file a case against them first be a breach of some duty and the imposition of liability for that
taken against him by BPI and even his mode of paying his monthly bills in
- May 7, 1990 - MARASIGAN filed a complaint for damages against breach before damages may be awarded; and the breach of such duty
check was tolerated.
petitioner before the RTC Makati should be the proximate cause of the injury.
- October 1989 statement amounting to P8,987.84 was not paid in due
- TC: ruled for MARASIGAN finding that BPI abused its right in Reasoning
time. MARASIGAN admitted having failed to pay his account because he
contravention of A19 CC ordering BPI to pay P 100,000.00 as moral - Injury is the illegal invasion of a legal right; damage is the loss, hurt or
was in Quezon attending to some professional and personal
damages; P 50,000.00 as exemplary damages; and P 20,000.00 by way harm which results from the injury; and damages are the recompense or
commitments. He was informed that bpi was demanding immediate
of attorney's fees. compensation awarded for the damage suffered. Thus, there can be
payment of his outstanding account, was requiring him to issue a check
- CA: AFFIRMED with the MODIFICATION P50,000.00 as moral damage without injury in those instances in which the loss or harm was
for P15,000.00 which would include his future bills, and was threatening
damages: P25,000.00 as exemplary damages; and P10,000.00 by way of not the results of a violation of a legal duty. In such cases, the
to suspend his credit card.
attorney's fees. consequences must be borne by the injured person alone, the law affords
- MARASIGAN issued Far East Bank Check of P15,000.00, postdated
ISSUES no remedy for damages resulting from an act which does not amount to a
December 15, 1989 which was received on November 23, 1989 by Tess
1. WON BPI abused its right to suspend the credit card legal injury or wrong. These situations are often called damnum absque
Lorenzo, an employee of the defendant who in turn gave to Jeng
2. WON MARASIGAN can recover moral damages arising from the injuria
Angeles, a co-employee who handles the account of the plaintiff. The
cancellation of his credit card by BPI - It was petitioner's failure to settle his obligation which caused the
check remained in the custody of Jeng Angeles. Mr. Roberto Maniquiz,
suspension of his credit card and subsequent dishonor at Caf Adriatico.
head of the collection department of defendant was formally informed of
HELD He can not now pass the blame to the petitioner for not notifying him of
the postdated check about a week later.
torts & damages A2010 - 110 - prof. casis

the suspension of his card. As quoted earlier, the application contained recognition are bestowed on the deserving even if there is no judicial - CA modified by reducing the moral damages and the attorney's fees
the stipulation that the petitioner could automatically suspend a card declaration. On the other hand no amount of declaration will help an awarded.
whose billing has not been paid for more than thirty days. Nowhere is it incompetent person achieve prestige and recognition. Article 21, which
stated in the terms and conditions of the application that there is a need was used as basis of the action, states; ISSUES
of notice before suspension may be affected as private respondent Any person who willfully causes loss or injury to another in a manner WON Baltao should be awarded damages (based on malicious
claims. that is contrary to morals, good customs, or public policy shall prosecution)
2. NO compensate the latter for damages.
- MARASIGANS own negligence was the proximate cause of his - While the word injury may also refer to honor or credit, the article HELD
embarrassing and humiliating experience in not reading the letter of envisions a situation where a person has a legal right which was violated NO
notice of cancellation. The award of damages by the CA is clearly by another in a manner contrary to morals, good custom, or public policy. - A party injured by the filing of a court case against him, even if he is
unjustified. Hence it presupposes losses or injuries which are suffered as a result of later on absolved, may file a case for damages grounded either on the
said violation. The pleadings in this case do not show damages were principle of abuse of rights, or on malicious prosecution. In order that
RUIZ V SECRETARY ever asked or alleged. - And under the facts and circumstances such a case can prosper, however, the following three (3) elements must
obtaining, one cannot sustain the contention that the failure or refusal to be present, to wit: (1) The fact of the prosecution and the further fact that
PAREDES; 1966
extend recognition was an act contrary to morals, good custom, or public the defendant was himself the prosecutor, and that the action was finally
policy. terminated with an acquittal; (2) That in bringing the action, the
Disposition Petition denied. Order appealed from is affirmed. he prosecutor acted without probable cause; (3) The prosecutor was
NATURE
modified award of attorneys fees. actuated or impelled by legal malice
Appeal from an order of the Manila CFI
- To constitute malicious prosecution, there must be proof that the
ALBENSON V CA (BALTAO) prosecution was prompted by a sinister design to vex and humiliate a
FACTS
person, and that it was initiated deliberately by the defendant knowing
- Enrique Ruiz and Jose Herrera, both shareholders of Allied 217 SCRA 16
that his charges were false and groundless. Concededly, the mere act of
Technilogists, Inc. filed an action against the Secretary of National BIDIN; January 11, 1993 submitting a case to the authorities for prosecution does not make one
Defense and also against their own company (together with Pablo
liable for malicious prosecution. Proof and motive that the institution of
Panlilio who is also a shareholder of the company) in connection with the
NATURE the action was prompted by a sinister design to vex and humiliate a
15% retention fund withheld by the DND relating to the construction of
Appeal from decision of the Court of Appeals person must be clearly and preponderantly established to entitle the
the Veterans Hospital. It turned out that said retention was already
victims to damages
released by the DND to the Company. The Court then proceeded with
FACTS - Probable cause is the existence of such facts and circumstances as
the other cause of action which was deemed to be the controversy
- Albenson Enterprises Corp. delivered to Guaranteed Industries Inc. the would excite the belief, in a reasonable mind, acting on the facts within
between Ruiz and Panlilio over the said 15%.
mild steel plates which the latter ordered. As part payment, Albenson was the knowledge of the prosecutor, that the person charged was guilty of
- As it turned out, the real issue was the credit as to the architects of the
given a check drawn against the account of E.L. Woodworks. the crime for which he was prosecuted.
building were. Under the contract and all other documents relating to the
- Check was dishonored for the reason Account closed. - An award of damages and attorney's fees is unwarranted where the
construction of the Veterans Hospital, the named architect was only
- Albenson discovered that the president of Guaranteed was one Eugenio action was filed in good faith. If damage results from a person's
Panlilio. Ruiz and Herrera want to be recognized as architects of the
S. Baltao and that E.L. Woodworks was registered in the name Eugenio exercising his legal rights, it is damnum absque injuria.
building also citing Article 21 of the Civil Code as their base for he cause
Baltao. The signature on the subject check belonged to Eugenio Baltao. - Actual and compensatory damages are those recoverable because of
of action.
- Albenson made an extrajudicial demand but Balbao denied issuing the pecuniary loss in business, trade, property, profession, job or
- The amended complaint of appellants claimed that the non inclusion of
check. Thus, Albenson filed a complaint against Eugenio S. Baltao for occupation and the same must be proved, otherwise, if the proof is
their names as architects resulted in their professional prestige and
violation of BP 22. flimsy and unsubstantiated, no damages will be given
standing being seriously impaired. Hence, they claim that even if the
- Asst. Fiscal Ricardo Sumaway filed an information against Eugenio S. - In the absence of a wrongful act or omission or of fraud or bad faith,
retention fund was in act released, their pleas for recognition as
Baltao for Violation of Batas Pambansa Bilang 22. moral damages cannot be awarded and that the adverse result of an
architects should have been heard by the lower court.
- Baltao filed with the Provincial Fiscal of Rizal a motion for action does not per se make the action wrongful and subject the actor to
reinvestigation. It appears that private respondent has a namesake, his the payment of damages, for the law could not have meant to impose a
ISSUE
son Eugenio Baltao III, who manages E.L. Woodworks. penalty on the right to litigate
WON the lower court erred in dismissing the case
- Provincial Fiscal Mauro M. Castro of Rizal reversed the finding of Fiscal - Where there is no evidence of the other party having acted in wanton,
Sumaway and exonerated respondent Baltao. fraudulent or reckless, or oppressive manner, neither may exemplary
HELD
- Baltao filed before the RTC a complaint for damages against Albenson damages be awarded
NO
Enterprises, its owner, and one employee. Disposition Petition granted. CA decision reversed and set aside
- The sole object of the appellants was to secure for themselves
- Trial court granted Baltaos claim for actual or compensatory, moral and
recognition that they were co-architects of the Veterans Hospital,
exemplary damages, attorney's fees and costs. WASSMER V VELEZ
together with Panlilio, so as to enhance their standing and prestige. If this
is so, there is no need or necessity for a judicial declaration. Prestige and 12 SCRA 648
torts & damages A2010 - 111 - prof. casis

BENGZON; December 24, 1964 oppressive manner." P15,000.00 as moral and exemplary damages is pregnant. Under the present laws, there is no crime, as the girl is above
deemed to be a reasonable award. eighteen years of age. Neither can any civil action for breach of promise
of marriage be filed. Therefore, though the grievous moral wrong has
FACTS
- Francisco X. Velez and Beatriz P. Wassmer, following their mutual TANJANCO V SANTOS been committed, and though the girl and her family have suffered
incalculable moral damage, she and her parents cannot bring any action
promise of love, decided to get married and set September 4, 1954 as REYES; December 17, 1966
for damages. But under the proposed article, she and her parents would
the big day. On September 2, Velez left a note for Wassmer saying that
have such a right of action. The Court of Appeals seems to have
he has to postpone the wedding because his mother opposes it. NATURE
overlooked that the example set forth in the Code Commission's
- But the next day, he sent a telegram assuring Wassmer that nothing Appeal from a decision of the Court of Appeals revoking an order of the
memorandum refers to a tort upon a minor who has been seduced. The
has changed and he will return soon. But Velez did not appear nor was CFI dismissing appellant's action for support and damages.
essential feature is seduction, that in law it is more than mere sexual
he heard from again.
intercourse, or a breach of a promise of marriage; it connotes essentially
- Sued by Beatriz for damages, Velez filed no answer and was declared FACTS
the idea of deceit, enticement, superior power or abuse of confidence on
in default. Plaintiff adduced evidence before the clerk of court as - Apolonio Tanjanco courted Araceli Santos, both being of adult age; that
the part of the seducer to which the woman has yielded. To constitute
commissioner Judgment was rendered ordering defendant to pay he expressed and professed his undying love and affection for her who
seduction there must in all cases be some sufficient promise or
plaintiff P2,000 as actual damages; P25,000 as moral and exemplary also in due time reciprocated the tender feelings"; that in consideration of
inducement and the woman must yield because of the promise or other
damages; P2,500 as attorney's fees; and the costs. his promise of marriage Araceli consented and acceded to Tanjancos
inducement. If she consents merely from carnal lust and the intercourse
pleas for carnal knowledge. Regularly until December 1959, through his
is from mutual desire, there is no seduction. She must be induced to
ISSUE protestations of love and promises of marriage, Tanjanco succeeded in
depart from the path of virtue by the use of some species of arts,
WON Velez is liable for the cost of wedding preparations spent by having carnal access to Araceli, as a result of which she conceived a
persuasions and wiles, which are calculated to have and do have that
Wassmer child. Due to her pregnant condition, to avoid embarrassment and social
effect, and which result in her ultimately submitting her person to the
humiliation, Araceli had to resign her job as secretary in IBM Philippines,
sexual embraces of her seducer.
HELD Inc. She became unable to support herself and her baby and duer to
- And in American Jurisprudence: On the other hand, in an action by the
YES Tanjanco's refusal to marry her as promised, she suffered mental
woman, the enticement, persuasion or deception is the essence of the
- While mere breach of contract is not an actionable wrong, Article 21 of anguish, besmirched reputation, wounded feelings, moral shock, and
injury; and a mere proof of intercourse is insufficient to warrant a recover.
the Civil Code says that when the person willfully causes loss or injury social humiliation. The prayer was for a decree compelling the defendant
Accordingly it is not seduction where the willingness arises out of sexual
contrary to good custom, he shall compensate the latter for damages. It to recognize the unborn child that plaintiff was bearing; to pay her not
desire or curiosity of the female, and the defendant merely affords her the
is the abuse of right which can be a cause for moral and material less than P430.00 a month for her support and that of her baby, plus
needed opportunity for the commission of the act. It has been
damages. P100,000.00 in moral and exemplary damages, plus P10,000.00
emphasized that to allow a recovery in all such cases would tend to the
- The record reveals that on August 23, 1954 plaintiff and defendant attorney's fees. CFI dismissed the complaint. The Court of Appeals,
demoralization of the female sex, and would be a reward for unchastity
applied for a license to contract marriage, which was subsequently entered judgment setting aside the dismissal and directing the court of
by which a class of adventuresses would be swift to profit.
issued. Their wedding was set. Invitations were printed and distributed to origin to proceed with the case.
- Bearing these principles in mind, let us examine the complaint. Over
relatives, friends and acquaintances. The bride-to-be's trousseau, party
and above the partisan allegations, the facts stand out that for one whole
dresses and other apparel for the important occasion were purchased. ISSUE
year, from 1958 to 1959, Araceli Santos, a woman of adult age,
Dresses for the maid of honor and the flower girl were prepared. A WON CS erred in reversing the CFI decision
maintained intimate sexual relations with Tanjanco, with repeated acts of
matrimonial bed, with accessories, was bought. Bridal showers were
intercourse. Such conduct is incompatible with the idea of seduction.
given and gifts received. HELD
Plainly there is here voluntariness and mutual passion; for had Araceli
- This is not a case of mere breach of promise to marry. To formally set a YES
been deceived, had she surrendered exclusively because of the deceit,
wedding and go through all the above-described preparation and - In holding that the complaint stated a cause of action for damages,
artful persuasions and wiles of the defendant, she would not have again
publicity, only to walk out of it when the matrimony is about to be under Article 21, the Court of Appeals relied upon and quoted from the
yielded to his embraces, much less for one year, without exacting early
solemnized, is quite different. This is palpably and unjustifiably contrary memorandum submitted by the Code Commission where it stated, but
fulfillment of the alleged promises of marriage, and would have cut chart
to good customs for which defendant must be held answerable in the Code Commission has gone farther than the sphere of wrongs
all sexual relations upon finding that defendant did not intend to fulfill his
damages in accordance with Article 21 aforesaid. defined or determined by positive law. Fully sensible that there are
promises. Hence, we conclude that no case is made under Article 21 of
- Per express provision of Article 2219 (10) of the New Civil Code, moral countless gaps in the statutes, which leave so many victims of moral
the Civil Code, and no other cause of action being alleged, no error was
damages are recoverable in the cases mentioned in Article 21 of said wrongs helpless, even though they have actually suffered material and
committed by the Court of First Instance in dismissing the complaint.
Code. As to exemplary damages, defendant contends that the same moral injury, the Commission has deemed it necessary, in the interest of
Disposition the decision of the Court of Appeals is reversed, and that of
could not be adjudged against him because under Article 2232 of the justice, to incorporate in the proposed Civil Code the following rule: ART.
the Court of First Instance is affirmed..
New Civil Code the condition precedent is that "the defendant acted in a 23. Any person who wilfully causes loss or injury to another in a manner
wanton, fraudulent, reckless, oppressive, or malevolent manner." The that is contrary to morals, good customs or public policy shall
argument is devoid of merit as under the above-narrated circumstances compensate the latter for the damage." They gave an example "A" BAKSH V CA
of this case defendant clearly acted in a "wanton ... , reckless [and] seduces the nineteen-year old daughter of "X". A promise of marriage 219 SCRA 115
either has not been made, or can not be proved. The girl becomes DAVIDE JR; February 19, 1993
torts & damages A2010 - 112 - prof. casis

respondent. The petitioner was thus ordered to pay the latter damages WON Art. 21 is applicable to the case at bar
NATURE and attorney's fees.
Appeal by certioriari to review and set aside the decision of the Court of - The decision is anchored on the trial court's findings and conclusions HELD
Appeals that (a) petitioner and private respondent were lovers, (b) private YES
respondent is not a woman of loose morals or questionable virtue who - The existing rule is that a breach of promise to marry per se is not an
FACTS readily submits to sexual advances, (c) petitioner, through machinations, actionable wrong. 17 Congress deliberately eliminated from the draft of
- Private respondent, without the assistance of counsel, filed with the deceit and false pretenses, promised to marry private respondent, (d) the New Civil Code the provisions that would have made it so. This
aforesaid trial court a complaint 2 for damages against the petitioner for because of his persuasive promise to marry her, she allowed herself to notwithstanding, the said Code contains a provision, Article 21, which is
the alleged violation of their agreement to get married. She alleges in be deflowered by him, (e) by reason of that deceitful promise, private designed to expand the concept of torts or quasi-delict in this jurisdiction
said complaint that: she is 22 years old, single, Filipino and a pretty lass respondent and her parents in accordance with Filipino customs and by granting adequate legal remedy for the untold number of moral
of good moral character and reputation duly respected in her community; traditions made some preparations for the wedding that was to be held wrongs which is impossible for human foresight to specifically enumerate
petitioner, on the other hand, is an Iranian citizen residing at the Lozano at the end of October 1987 by looking for pigs and chickens, inviting and punish in the statute books.
Apartments, Guilig, Dagupan City, and is an exchange student taking a friends and relatives and contracting sponsors, (f) petitioner did not fulfill - In light of the above laudable purpose of Article 21, The Court is of the
medical course at the Lyceum Northwestern Colleges in Dagupan City; his promise to marry her and (g) such acts of the petitioner, who is a opinion, and so holds, that where a man's promise to marry is in fact the
before 20 August 1987, the latter courted and proposed to marry her; she foreigner and who has abused Philippine hospitality, have offended our proximate cause of the acceptance of his love by a woman and his
accepted his love on the condition that they would get married; they sense of morality, good customs, culture and traditions. The trial court representation to fulfill that promise thereafter becomes the proximate
therefore argued to get married after the end of the school semester, gave full credit to the private respondent's testimony because, inter alia, cause of the giving of herself unto him in a sexual congress, proof that he
which was in October of that year; petitioner then visited the private she would not have had the temerity and courage to come to court and had, in reality, no intention of marrying her and that the promise was only
respondent's parents in Baaga, Bugallon, Pangasinan to secure their expose her honor and reputation to public scrutiny and ridicule if her a subtle scheme or deceptive device to entice or inveigle her to accept
approval to the marriage; sometime in 20 August 1987, the petitioner claim was false. him and to obtain her consent to the sexual act, could justify the award of
forced her to live with him in the Lozano Apartments; she was a virgin - Petitioner appealed the trial court's decision to the respondent Court of damages pursuant to Article 21 not because of such promise to marry but
before she began living with him; a week before the filing of the Appeals. Respondent Court promulgated the challenged decision because of the fraud and deceit behind it and the willful injury to her
complaint, petitioner's attitude towards her started to change; he affirming in toto the trial court's ruling. Unfazed by his second defeat, honor and reputation which followed thereafter. It is essential, however,
maltreated and threatened to kill her; as a result of such maltreatment, petitioner filed the instant petition; he raises therein the single issue of that such injury should have been committed in a manner contrary to
she sustained injuries, during a confrontation with a representative of the whether or not Article 21 of the Civil Code applies to the case at bar. morals, good customs or public policy. In the instant case, respondent
barangay captain of Guilig a day before the filing of the complaint, - It is petitioner's thesis that said Article 21 is not applicable because he Court found that it was the petitioner's "fraudulent and deceptive
petitioner repudiated their marriage agreement and asked her not to live had not committed any moral wrong or injury or violated any good custom protestations of love for and promise to marry plaintiff that made her
with him anymore and; the petitioner is already married to someone living or public policy; he has not professed love or proposed marriage to the surrender her virtue and womanhood to him and to live with him on the
in Bacolod City. Private respondent then prayed for judgment ordering private respondent; and he has never maltreated her. He criticizes the honest and sincere belief that he would keep said promise, and it was
the petitioner to pay her damages, reimbursement for actual expenses, trial court for liberally invoking Filipino customs, traditions and culture, likewise these fraud and deception on appellant's part that made
attorney's fees and costs, and granting her such other relief and and ignoring the fact that since he is a foreigner, he is not conversant plaintiff's parents agree to their daughter's living-in with him preparatory
remedies as may be just and equitable. with such Filipino customs, traditions and culture. As an Iranian Moslem, to their supposed marriage."
- In his Answer with Counterclaim, petitioner admitted only the personal he is not familiar with Catholic and Christian ways. He stresses that even Disposition Petition denied
circumstances of the parties as averred in the complaint and denied the if he had made a promise to marry, the subsequent failure to fulfill the
rest of the allegations either for lack of knowledge or information same is excusable or tolerable because of his Moslem upbringing; he BUNAG V CA (CIRILO)
sufficient to form a belief as to the truth thereof or because the true facts then alludes to the Muslim Code which purportedly allows a Muslim to
211 SCRA 441
are those alleged as his Special and Affirmative Defenses. He thus take four wives and concludes that on the basis thereof, the trial court
claimed that he never proposed marriage to or agreed to be married with erred in ruling that he does not possess good moral character. Moreover, REGALADO; July 10, 1992
the private respondent; he neither sought the consent and approval of his controversial "common law wife" is now his legal wife as their
her parents nor forced her to live in his apartment; he did not maltreat marriage had been solemnized in civil ceremonies in the Iranian NATURE
her, but only told her to stop coming to his place because he discovered Embassy. As to his unlawful cohabitation with the private respondent, Petition for review from the decision of CA
that she had deceived him by stealing his money and passport; and petitioner claims that even if responsibility could be pinned on him for the
finally, no confrontation took place with a representative of the barangay live-in relationship, the private respondent should also be faulted for FACTS
captain. Insisting, in his Counterclaim, that the complaint is baseless and consenting to an illicit arrangement. Finally, petitioner asseverates that - Conrado Bunag, Jr brought Zenaida Cirilo to a hotel where they had
unfounded and that as a result thereof, he was unnecessarily dragged even if it was to be assumed arguendo that he had professed his love to sex. Later that evening, Bunag brough her to his grandmothers house in
into court and compelled to incur expenses, and has suffered mental the private respondent and had also promised to marry her, such acts Las Pinas where they liver together as husband and wife for 21 days.
anxiety and a besmirched reputation, he prayed for an award for would not be actionable in view of the special circumstances of the case. During that time, Bunag, Jr. and Cirilo applied for their respective
miscellaneous expenses and moral damages. The mere breach of promise is not actionable. Marriage Licenses, but after leaving, Bunag Jr withdrew his application.
- After trial on the merits, the lower court, applying Article 21 of the Civil Cirilo contends that she was abducted by Bunag Jr along with
Code, rendered on 16 October 1989 a decision 5 favoring the private ISSUE
torts & damages A2010 - 113 - prof. casis

unidentified man and brought her to the motel where she was raped. The - Under the circumstances in the case at bar, the petitioners promising to WON Amelita can claim for damages which is based on Articles 19 3 &
Court a quo adopted her evidence. marry Cirilo to evade criminal liability constitutes acts contrary to morals 21 4 of the Civil Code on the theory that through Ivan's promise of
- The Court found that Cirilo and Bunag Jr were sweethearts but for and good customs. These are grossly insensate and reprehensible marriage, she surrendered her virginity
2eeks before the alleged rape, they had a quarrel. On the day of the said transgressions which warrant and justify the award of moral and
rape, Bunag jr invited her for merienda to talk things over. Bunag Jr came exemplary damages, pursuant to Art 21 in relation to par 3 and 10, Art HELD
riding in a car with an unidentified man. Cirilo rode in the passengers 2219, and Art 2229 and 2234 CC. NO
seat while Bunag Jr was driving. When she noticed they were going the - Although TC granted damages on the basis of the forcible abduction Ratio Mere sexual intercourse is not by itself a basis for recovery.
wrong way, Cirilo protested but Bunag threatened her that he would and rape even after the criminal complaints dismissal, the extinction of Damages could only be awarded if sexual intercourse is not a product of
bump the car against the post if she made any noise. They never got to the criminal liability does not extinguish civil liability unless there is a voluntariness and mutual desire.
the restaurant where they were supposed to eat. declaration of a final judgment that the fact from which the civil case may Reasoning
- She was then dragged by the 2 men in the hotel where Bunag Jr arise did not exist. In the case, only the fiscal made such dismissal of the - Her attraction to Ivan is the reason why she surrendered her
deflowered her against her will and consent. criminal complaint. womanhood. Had she been induced or deceived because of a promise of
- Bunag initially allowed her to go home but later refused to consent and Disposition petition is hereby DENIED for lack of merit, and the marriage, she could have immediately severed her relation with Ivan
stated that he would only let her go after they were married, so much so assailedjudgment and resolution are hereby AFFIRMED. when she was informed after their first sexual contact sometime in
that she promised not to make any scandal and to marry him. they August, 1974, that he was a married man. Repeated sexual intercourse
proceeded to Bunags grandmothers house. That night, Bunag Sr arrived only indicates that passion and not the alleged promise of marriage was
CONSTANTINO V MENDEZ
and assured them that they would apply for the ML the next day. the moving force that made her submit herself to Ivan.
- After filing for the ML, they lived as husband and wife for 21 days. BIDIN; May 14, 1992
Bunag then left and never returned. Cirilo was ashamed when she went QUIMIGUING V ICAO
home and could not sleep and eat because of the deception done against NATURE
34 SCRA 132
her by Bunag, Jr. Petition for review on certiorari
- A complaint fro breach of promise to marry was filed against Bunag Sr REYES; July 31, 1970
and Bunag Jr. The RTC upon finding that she was forcibly abducted and FACTS
raped Bunag Jr was ordered to pay for P80K for moral damages, P20K - Petitioner Amelita Constantino filed an action for acknowledgment, NATURE
for exemplary damage, P20K by way of temperate damage, and P10K for support and damages against private respondent Ivan Mendez. Appeal on points of law from an order of the CFI
attys fees. Bunag Sr was absolved from liability. - In her complaint, Amelita Constantino alleges that she met Ivan
- Cirilo appealed on the disculpation of Bunag Srs liability. While the Mendez at Tony's Restaurant located at Sta. Cruz, Manila, where she FACTS
Bunags assigned several errors in the TC decision. CA dismissed the worked as a waitress; that the day following their first meeting, Ivan - Appellant, Quimiguing, assisted by her parents, sued her neighbor Icao
petitions and affirmed judgment of RTC in toto. invited Amelita to dine with him at Hotel Enrico where he was billeted; with whom she had close and confidential relations. The latter, although
- Bunag filed for the petition for review claiming that CA failed to consider that while dining, Ivan professed his love and courted Amelita; that married, succeeded in having sex with plaintiff several times by force and
vital exhibits and testimonies and error in the proper application of the Amelita asked for time to think about Ivan's proposal; that at about 11:00 intimidation and without her consent. She became pregnant and despite
law. o'clock in the evening, Amelita asked Ivan to bring her home to which the efforts and drugs (abortion pills?) supplied by defendant, she had to stop
latter agreed, that on the pretext of getting something, Ivan brought studying. Hence, she claimed support of P120/mo.
ISSUE Amelita inside his hotel room and through a promise of marriage - Icao moved to dismiss for lack of cause of action as the complaint did
WON lower courts erred in granting damages for the breach of promise succeeded in having sexual intercourse with the latter; that after the not allege the child had been bornthe motion was sustained. Plaintiff
to marry sexual contact, Ivan confessed to Amelita that he is a married man; that amended the complaint but the TC ruled such was not allowable as the
they repeated their sexual contact in the months of September and original complaint averred no cause of action.
HELD November, 1974, whenever Ivan is in Manila, as a result of which Amelita ISSUES
Ratio A breach of promise to marry is not actionable per se, except got pregnant; that her pleas for help and support fell on deaf ears; that 1. WON Quimiguing had a right to the support of the child
where the plaintiff incurred expenses for the wedding and the necessary Amelita had no sexual relations with any other man except Ivan who is 2. WON Quimiguing is entitled to damages
incidents therrof. However, the award for moral damages is allowed in the father of the child yet to be born at the time of the filing of the
cases specified and analogous to those provided in Art 2219 CC. Under complaint; that because of her pregnancy, Amelita was forced to leave HELD
Art 21 CC, in relation to Art 2219, par10, any person who willfully causes her work as a waitress; that Ivan is a prosperous businessman of Davao 1. YES
loss or injury to another in a manner that is contrary to morals, good City with a monthly income of P5,000 to P8,000.00. As relief, Amelita - A conceived, unborn child is given a provisional personality by law and
customs or public policy shall compensate the latter for damages. prayed for the recognition of the unborn child, the payment of actual, therefore has a right to support from its progenitors, particularly Icao (Art.
Reasoning moral and exemplary damages, attorney's fees plus costs. 40) and may receive donations (Art. 742). Its being ignored by the parent
- The court is constrained with the factual findings of the lower courts. in his testament may result in preterition of a forced heir that annuls the
- A breach of promise to marry has no standing in the civil law, apart from ISSUE institution of the testamentary heir, even if such child should be born after
the right to recover for money or property advanced by the plaintiff upon the death of the testator (Art. 854)
the faith of such promise. 2. YES
torts & damages A2010 - 114 - prof. casis

- For a married man to force a woman not his wife to yield to his lust (as an injury to Lolitas family in a manner contrary to morals, good customs person that it was initiated deliberately by the defendant knowing that his
averred in the original complaint) constitutes a clear violation of the rights and public policy as contemplated in Article 21 of the New Civil Code. charges were false and groundless. Concededly, the mere act of
of his victim that entitles her to claim compensation for damages caused. submitting a case to the authorities for prosecution does not make one
As stated in Art. 21, Any person who willfully causes loss or injury to QUE V IAC (NICOLAS) liable for malicious prosecution (Manila Gas Corporation v. Court of
another in a manner that is contrary to morals, good customs or public Appeals, 100 SCRA 602)
169 SCRA 137
policy shall compensate the latter for damage. This is furthered by Art. - Nicolas issued 5 checks which Que cannot encash, inspite of demands
2219 which provides compensation in cases of seduction, abduction, CRUZ; January 13, 1989 by the latter. Also, the goods which were allegedly defective were not yet
rape or other lascivious acts. returned to Que before the filing of the estafa case. Instead, Nicolas kept
- Hence, independent of the right to support of the child, plaintiff herself NATURE the goods, did not demand for its repair. He just stopped payment,
had a cause of action for damages; thus the order dismissing it for failure Petition for review without Que knowing that there were defects in the goods he delivered.
to state a cause of action was doubly in error. Therefore, from Ques point of view, the circumstances presented the
Disposition the orders under appeal are reversed and set aside FACTS possibility that Nicolas might cheat him.
- Magtanggol Que is a dealer of canvass strollers while Antonio Nicolas Disposition decision of the respondent court dated March 12, 1984, is
orders from him. The two had an amicable business relation until 1975,
PE V PE SET ASIDE and the amended decision of the trial court dated February
when Nicolas ordered strollers from Que, which were delivered, and then 21, 1979, is REINSTATED as above modified. This decision is
5 SCRA 200 issued 5 postdated checks in favor of Que. The checks were dishonored, immediately executory.
1962 in accordance with Nicolas order to stop payment. After making
demands for payment, which Nicolas allegedly ignored. Que filed an
DRILON V CA (ADAZA)
FACTS estafa case against Nicolas. The case was dismissed for lack of merit.
- Plaintiffs are parents, brothers and sisters of Lolita PE, an unmarried - Nicolas then filed a case against Que for malicious prosecution. He 270 SCRA 211
woman 24 years of age. Defendant, a married man, frequently visited allegedly ordered that payment be stopped because the goods delivered HERMOSISIMA JR; March 20, 1997
Lolitas house on the pretext that he wanted her to teach him to pray the to him by Que were defective and that Que allegedly refused to replace
rosary. They fell in love and conducted clandestine trysts. When the them. Que on his part alleged that the said defective products were only NATURE
parents learned about this, they prohibited defendant from going to their returned after he filed an estafa case. TC ruled in favor of Que, IAC Petition to reverse CAs Resolutions
house. The affair continued just the same. On april 14, 1957, Lolita reversed.
disappeared from her brothers house where she was living. A note in the FACTS
handwriting of the defendant was found inside Lolitas aparador. The ISSUE - Gen Renato DE VILLA, Chief of Staff of the AFP, requested the DOJ
present action was instituted under Article 21 of the Civil Code. The lower WON Que had instituted a malicious prosecution of the private (headed by Sec Franklin DRILON) to order the investigation of several
court dismissed the action. Hence, this appeal by the plaintiffs respondent (WON the reversal made by IAC was correct) individuals, including private respondent ADAZA for their alleged
participation in the failed Dec 1989 coup detat.
ISSUE HELD - This was then referred for preliminary inquiry to the Special Composite
WON the defendant can be held liable under Article 21 NO Team of Prosecutors who issued a subpoena to the said individuals after
- It is evident that the petitioner was not motivated by ill feeling but only finding sufficient basis to continue the inquiry. The panel assigned to
HELD by an anxiety to protect his his rights when he filed the criminal complaint conduct prelim investigation found that there was probable cause to hold
YES for estafa with the fiscal's office. them for trial for the crime of REBELLION WITH MURDER AND
- The circumstances under which the defendant tried to win Lolitas Ratio. One cannot be held liable in damages for maliciously instituting a FRUSTRATED MURDER. Information was filed before RTC QC, with no
affection cannot lead to any other conclusion than that it was he who, prosecution where he acted with probable cause. recommendation as to bail.
through an ingenious scheme or trickery, seduced the latter to the extent Reasoning - Feeling aggrieved by the institution of these proceedings against him,
of making her fall in love with him. This is shown by the fact that -. 'Under the Spanish Law, the element of probable cause was not ADAZA filed a complaint for damages and charged petitioners with
defendant frequented the house of Lolita on the pretext that he wanted treated separately from that of malice, as under the American Law. When engaging in a deliberate, willful and malicious experimentation by filing
her to teach him how to pray the rosary. Because of the frequency of his a complaint was laid and there was probable cause to believe that the against him a charge of rebellion complexed with murder and frustrated
visits to the latters family who allowed free access because he was a person charged had committed the acts complained of, although, as a murder when petitioners were fully aware of the non-existence of such
collateral relative and was considered as a member of the family, the two matter of fact, he had not, the complainant was fully protected, but not so crime in the statute books.
eventually fell in love with each other and conducted clandestine love much on the theory of probable cause as on the ground that, under such - Petitioners filed MD since there was no valid cause of action for this
affairs. Defendant continued his love affairs with Lolita until she circumstances, there was no intent to accuse falsely. If the charge, complaint for damages.
disappeared from the parental home. Indeed, no other conclusion can be although false, was made with an honest belief in its truth and justice, - RTC denied MD. MFR for Order of Denial was also denied.
drawn from this chain of events than that the defendant not only and there were reasonable grounds on which such a belief could be - CA also dismissed petition for certiorari and ordered RTC judge to
deliberately, but through a clever strategy, succeeded in winning the founded, the accusation could not be held to have been false in the legal proceed with the trial of civil case filed by ADAZA.
affection and love of Lolita to the extent of having illicit relations with her. sense. (In Adazas latest Comment, he maintained that his claim before the trial
The wrong he had caused her and her family is indeed immeasurable - To constitute malicious prosecution, there must be proof that the court was merely a suit for damages based on tort and NOT a suit for
considering the fact that he is a married man. Verily, he has committed prosecution was prompted by a sinister design to vex and humiliate a
torts & damages A2010 - 115 - prof. casis

malicious prosecution.) habeas corpus and granted bail. This is not considered the termination of - RTC: rendered judgment in favor of Tobias by ordering petitioners to
the action contemplated under Philippine jurisdiction to warrant the pay him P80,000.00 as actual damages, P200,000.00 as moral damages,
ISSUES institution of a malicious prosecution suit against those responsible for P20,000.00 as exemplary damages, P30,000.00 as attorney's fees, and
1. WON complaint was a suit for damages for malicious prosecution the filing of the information against him. costs.
2. WON petitioners are liable for malicious prosecution (b) It is well-settled that one cannot be held liable for maliciously - Both parties appealed. CA: affirmed the RTC decision in toto, denied
instituting a prosecution where one has acted with probable cause. The Globes MR.
petitioners were of the honest conviction that there was probable cause
to hold Adaza for trial. ISSUE
(c) Suffice it to state that the presence of probable cause signifies, as a WON there was malicious prosecution
HELD legal consequence, the absence of malice.
1. YES Disposition Petition is GRANTED. Respondent Judge is DIRECTED to HELD
Definition of Malicious Prosecution: take no further action on civil case except to DISMISS it. YES
- In American jurisdiction, it has been defined as- - Petitioners were not content with just dismissing Tobias. There was
One begun in malice without probable cause to believe the charges can malicious intent manifested through the filing of the criminal cases as the
be sustained. Instituted with intention of injuring defendant and without case for illegal dismissal was pending; Hendrys threat of more suits
probable cause, and which terminates in favor of the person prosecuted. against Tobias; The filing of the cases despite the police reports
For this injury an action on the case lies, called the action of malicious exculpating Tobias; and the eventual dismissal of the cases. SC
prosecution. anchored its findings on TCs finding (re bad faith of Globe Mackay in
- In Philippine jurisdiction, it has been defined as- GLOBE MACKAY V CA filing the criminal complaints against Tobias).
An action for damages brought by one against whom a criminal Reasoning
CORTES; August 25, 1989
prosecution, civil suit, or other legal proceeding has been instituted - Although Globe claims that they must not be penalized for exercising
maliciously and without probable cause, after the termination of such their right and prerogative of seeking justice by filing criminal complaints
NATURE
prosecution, suit, or other proceeding in favor of the defendant therein. against an employee who was their principal suspect in the commission
Certiorari
The gist of the action is the putting of legal process in force, regularly, for of forgeries and in the perpetration of anomalous transactions which
the mere purpose of vexation or injury. defrauded them of substantial sums of money, the right to institute
FACTS
Reasoning criminal prosecutions can not be exercised maliciously and in bad faith
- Globe Mackay found out an anomaly that has been causing them to
- Nowhere in his complaint filed with the trial court did respondent Adaza [Ventura v. Bernabe, 38 SCRA 5871.]
lose money, to which Tobias was the number one suspect though he
allege that his action is one based on tort. (Sec 3e of RA 3019) An - Yutuk V. Manila Electric Co.,[ 2 SCRA 337]: the Court held that the
claimed he was the one who reported it.
examination of the records would show that this latest posture as to the right to file criminal complaints should not be used as a weapon to force
- The results of the investigations said that the handwritings, signatures,
nature of his cause of action is only being raised for the first time on an alleged debtor to pay an indebtedness. To do so would be a clear
and initials appearing in the checks and other documents involved in the
appeal. Such a change of theory cannot be allowed. perversion of the function of the criminal processes and of the courts of
fraudulent transactions were not those of -Tobias. The lie detector tests
2. NO justice.
conducted on Tobias also yielded negative results.
Ratio In order for a malicious prosecution suit to prosper, the plaintiff - Hawpia CA,[20 SCRA 536]: the Court upheld the judgment against the
- Despite being cleared, complaints for estafa were filed against Tobias.
must prove these elements: petitioner for actual and moral damages and attorney's fees after making
All of the six criminal complaints were dismissed by the fiscal and MRs of
(a) The fact of the prosecution and the further fact that the defendant was a finding that petitioner, with persistence, filed at least six criminal
Globe were denied too.
himself the prosecutor and that the action finally terminated with an complaints against respondent, all of which were dismissed.
- Tobias filed a complaint for illegal dismissal upon receiving the notice of
acquittal; *Findings of bad faith (as per the TC):
his termination.
(b) That in bringing the action, the prosecutor acted without probable > After the dismissal of the 4 cases and denial of the MR by the
- LA: dismissed the complaint; NLRC- reversed; the Secretary of Labor:
cause; and Ministry of Justice, 2 cases were refiled with the Judge Advocate
reinstated the LA's decision which Tobias appealed to the Office of the
(c) That the prosecutor was actuated or impelled by legal malice, that is General's Office of the AFP to railroad Tobias arrest and detention in
President.
by improper or sinister motive. the military stockade, but this was frustrated by a presidential decree
- During the pendency of the appeal with said office, petitioners and
- The statutory basis for a civil action for damages for malicious transferring criminal cases involving civilians to the civil courts.
private respondent Tobias entered into a compromise agreement
prosecution are found in the provisions of the NCC [Art 19, 20, 21, 26, > Despite the clearing Tobias of participation or involvement in the
regarding the latter's complaint for illegal dismissal.
29, 32, 33, 35, 2217 and 2219 (8)]. fraudulent transactions complained of, despite the negative results of
- Unemployed, Tobias sought employment with the Republic Telephone
Reasoning the lie detector tests which Globe Mackay compelled him to undergo,
Company (RETELCO).
- Judging from the face of the complaint itself filed by Adaza, NONE of and although the police investigation was "still under follow-up and a
- However, Hendry, without being asked by RETELCO, wrote a letter
these requisites have been alleged, thus rendering the complaint supplementary report will be submitted after all the evidence has been
to the latter stating that Tobias was dismissed by GLOBE MACKAY
dismissible on the ground of failure to state a cause of action. gathered," Globe Mackay hastily filed 6 criminal cases with the city
due to dishonesty.
(a) Insofar as Adazas Criminal Case is concerned, what appears clear Fiscal's Office of Manila, 5 for estafa thru falsification of commercial
- This led Tobias to file a civil case for damages anchored on alleged
from the records only is that respondent has been discharged on a writ of document and 1 for violation of A290 of the RPC (all of which were
unlawful, malicious, oppressive, and abusive acts of petitioners.
torts & damages A2010 - 116 - prof. casis

dismissed), with one of the investigating fiscals, Asst. Fiscal de Guia, the respondent appellate court mistakenly lumped these three articles
commenting in one case that, "Indeed, the haphazard way this case HELD together, and cited the same as the bases for the award of damages.
was investigated is evident. Evident likewise is the flurry and haste in NO - Albenson did not abuse its rights. The second and third elements are
the filing of this case against respondent Tobias," there can be no - An award of damages and attorney's fees is unwarranted where the not present. All they wanted was to collect what is owed them. They
mistaking that defendants would not but be motivated by malicious action was filed in good faith. If damage results from a person's believed Baltao was really the one who issued the check because it was
and unlawful intent to harass, oppress, and cause damage to plaintiff. exercising his legal rights, it is damnum absque injuria. his company who ordered and received the delivery. They wrote to him.
Ratio To constitute malicious prosecution, there must be proof that the - ABUSE OF RIGHTS He replied by denying and telling them to check the veracity of their
prosecution was prompted by a design to vex and humiliate a person and Article 19, known to contain what is commonly referred to as the claim. He didnt tell them that his son was his namesake and that the
that it was initiated deliberately by the defendant knowing that the principle of abuse of rights, sets certain standards which may be latter operated a business in the same building. Albenson acted in good
charges were false and groundless [Manila Gas Corporation v. CA, 100 observed not only in the exercise of one's rights but also in the faith and had probable cause in filing their complaint against Baltao.
SCRA 602]. Concededly, the filing of a suit by itself, does not render a performance of one's duties. These standards are the following: to act - There was no malicious prosecution. To constitute malicious
person liable for malicious prosecution [Inhelder Corporation v. CA, 122 with justice; to give everyone his due; and to observe honesty and good prosecution, there must be proof that the prosecution was prompted by a
SCRA 576]. The mere dismissal by the fiscal of the criminal complaint is faith. The law, therefore, recognizes the primordial limitation on all rights: sinister design to vex and humiliate a person, and that it was initiated
not a ground for an award of damages for malicious prosecution if there that in their exercise, the norms of human conduct set forth in Article 19 deliberately by the defendant knowing that his charges were false and
is no competent evidence to show that the complainant had acted in bad must be observed. A right, though by itself legal because recognized or groundless. The presence of probable cause means the absence of
faith [Sison v. David, 1 SCRA 60]. granted by law as such, may nevertheless become the source of some malice.
Disposition CAs decision AFFIRMED. illegality. When a right is exercised in a manner which does not conform Disposition Petition granted. CA reversed and set aside.
with the norms enshrined in Article 19 and results in damage to another,
ALBENSON V CA (BALTAO) a legal wrong is thereby committed for which the wrongdoer must be held MANILA GAS CORPORATION V CA (ONGSIP)
responsible. Although the requirements of each provision is different,
BIDIN; January 11, 1993 MAKASIAR; October 30, 1980
these three articles are all related to each other.
"With this article (Article 21), combined with articles 19 and 20, the
NATURE NATURE
scope of our law on civil wrongs has been very greatly broadened; it
Appeal from CA judgment modifying RTCs decision as regards amount Petition for certiorari to review the decision of the CA (treated as a
has become much more supple and adaptable than the Anglo-
to be paid special civil action)
American law on torts. It is now difficult to conceive of any malevolent
exercise of a right which could not be checked by the application of
FACTS FACTS
these articles" (Tolentino, 1 Civil Code of the Philippines 72).
- Albenson Enterprises delivered mild steel plates to 3267 V. Mapa - On May 20, 1964, respondent Ongsip applied for gas service
- There is however, no hard and fast rule which can be applied to
Street, Sta. Mesa, Manila. The delivery was received by Guaranteed connection with petitioner Manila Gas Corporation.
determine whether or not the principle of abuse of rights may be invoked.
Industries, of which Eugeneio Baltao was president; a check in the - A burner gas was installed by petitioner's employees in respondent's
The question of whether or not the principle of abuse of rights has been
amount of P2,575 was given as payment. Said check was signed by a kitchen at his residence.
violated, resulting in damages under Articles 20 and 21 or other
Eugenio Baltao, drawn against the account of E.L. Woodworks. - On July 27, 1965, respondent Ongsip requested petitioner to install
applicable provision of law, depends on the circumstances of each case.
- The check bounced. Albenson extrajudicially demanded payment from additional appliances as well as additional gas service connections in his
(Globe Mackay Cable and Radio Corporation vs. Court of Appeals, 176
Baltao. Baltao denied that it was his signature on the check. Albenson 46-door Reyno Apartment: petitioner installed two 20-gallon capacity
SCRA 778 [1989]).
filed case for violation of BP22. Investigating fiscal found probable cause water storage heaters and two heavy-duty gas burners and replaced the
- The elements of an abuse of right under Article 19 are the following:
and filed info with the RTC. Baltao appealed to the Provincial Prosecutor. original gas meter with a bigger 50-light capacity gas meter.
(1) There is a legal right or duty;
The provincial prosecutor found out that something was amiss during the - The installations and connections were all done solely by petitioner's
(2) which is exercised in bad faith;
investigation and upon reinvestigation, found no probable cause. He told employees.
(3) for the sole intent of prejudicing or injuring another.
the trial fiscal to move for dismissal. - There was no significant change in the meter reading despite additional
- ACTS CONTRA BONUS MORES
- After the criminal case was dismissed, Baltao filed a complaint for installations, and on May and June 1966, no gas consumption was
Article 21 deals with acts contra bonus mores, and has the following
damages against Albenson because the latter had unjustly filed a registered in the meter, prompting petitioner to issue a 'meter order' with
elements:
criminal case against him. instructions to change the gas meter in respondent's residence.
1) There is an act which is legal;
- IT TURNS OUT that E.L. Woodworks business address was the same - On August 17, 1966, petitioner's employees went to Ongsip's place.
2) but which is contrary to morals, good custom, public order, or public
as Guaranteed Industries. ELW was owned by Baltaos son, who is his - Without notifying or informing respondent Ongsip, they changed the gas
policy;
namesake. meter and installed new tube connections. Private respondent was then
3) and it is done with intent to injure.
- RTC granted actual (P133k), moral (P1M) and exemplary damages taking a nap, but he was informed afterwards of what had taken place by
- Thus, under any of these three provisions of law, an act which causes
(P200k), and attys fees (P100k). CA modified by awarding only half of his houseboy.
injury to another may be made the basis for an award of damages.
original moral damages and attys fees. - On that same afternoon, petitioner's employees returned with a
- There is a common element under Articles 19 and 21, and that is, the
photographer who took pictures of the premises. Ongsip inquired from
act must be intentional. However, Article 20 does not distinguish: the act
ISSUE Coronel why they were taking pictures but the latter simply gave him a
may be done either "willfully", or "negligently". The trial court as well as
WON Baltao is entitled to damages calling card with instructions to go to his office. There, he was informed
torts & damages A2010 - 117 - prof. casis

about the existence of a by-pass valve or "jumper" in the gas connection which states that "moral damages may be recovered in the following and must also be considered. Petitioner is a public utility corporation whose
and that unless he gave P3,000.00, he would be deported. analogous cases: .. . (8) malicious prosecution; .. . primary concern is service to the people, the profit motive being merely
- Respondent Ongsip refused to give the money - To constitute malicious prosecution, there must be proof that the secondary. Under the circumstances, the award of moral and exemplary
- By the end of August, a reading was made on the new meter and prosecution was prompted by a sinister design to vex and humiliate a damages should be reduced to P25,000.00 and P5,000.00, respectively.
expectedly, it registered a sudden increase in gas consumption. person that it was initiated deliberately by the defendant knowing that his - Petitioner's act in disconnecting respondent Ongsip's gas service
-Thereafter, in October, 1966, a complaint for qualified theft was charges were false and groundless. without prior notice constitutes breach of contract amounting to an
filed by petitioner against respondent Ongsip - Concededly, the mere act of submitting a case to the authorities for independent tort. The prematurity of the action is indicative of an intent to
- On February, 1967, pending investigation of the criminal complaint, prosecution does not make one liable for malicious prosecution. cause additional mental and moral suffering to private respondent. This is
petitioner disconnected respondent's gas service for alleged failure - In the instant case, however, there is reason to believe that there was a clear violation of Article 21 of the Civil Code.
and/or refusal to pay his gas consumptions from July, 1965 to malicious intent in the filing of the complaint for qualified theft. - The award of moral damages is sanctioned by Article 2220 which
January, 1967. - As correctly observed by the trial court in its decisionA significant fact provides that "willful injury to property may be a legal ground for awarding
- Subsequently, the complaint was dismissed brought about by the testimony of Coronel himself is the total absence of moral damages if the court should find that, under the circumstances,
- On July 14, 1967, following the dismissal by the investigating fiscal immediate accusation against Plaintiff right at the very moment when the such damages are justly due. The same rule applies to breaches of
of the complaint for qualified theft and the disconnection by by-pass valve was allegedly discovered. Right then and there Coronel contract where the defendant acted fraudulently or in bad faith"
petitioner of his gas service, respondent Ongsip filed a complaint should have told Plaintiff that he was using a by-pass valve and in effect - Respondent Ongsip's default in payment cannot be utilized by petitioner
for moral and exemplary damages against petitioner Manila Gas stealing gas from Defendant. The circumstance was familiar to that of to defeat or nullify the claim for damages. At most, this circumstance can
Corporation based on two causes of action, firstly: the malicious, catching a thief in flagrante delicto. But the truth is that when Coronel and be considered as a mitigating factor in ascertaining the amount of
oppressive and malevolent filing of the criminal complaint; and, his men entered Plaintiff's compound and made changes therein, Plaintiff damages to which respondent Ongsip is entitled. In consequence
secondly: the illegal closure of respondent Ongsip's gas service was sleeping. When Plaintiff woke up at four o'clock in the afternoon, thereof, We reduce the amount of moral damages to P15,000.00 The
connection without court order and without notice of warning. Coronel and his men had already made the changes and had already award of P5,000.00 as exemplary damages, on the other hand, is
- Petitioner filed a motion to dismiss, but it was denied gone. They returned however at five o'clock, this time with a sustained, being similarly warranted by Article 2234 of the Civil Code as
- On May 2, 1972, the trial court rendered its decision ordering defendant photographer. This was the time when Plaintiff met Coronel. Here was complemented by Article 2220.
to pay plaintiff:(1) P50,000.00 as moral damages in the FIRST CAUSE then the opportunity for Coronel to confront Plaintiff with the allegedly Disposition Decision of CA modified as regards the amount of
OF ACTION; (2) P10,000.00 as exemplary damages in the FIRST discovered 'by-pass valve' and bluntly, even brutally, tell him that there damages.
CAUSE OF ACTION; (3) P30,000.00 as moral damages in the SECOND was thievery of gas. This, Coronel did not do. .. .. ."
CAUSE OF ACTION; (4) P5,000.00 as exemplary damages in the - It bears noting that when he was informed as to the existence of a PATRICIO V LEVISTE
SECOND CAUSE OF ACTION; (5) P10,000.00 as attorney's fees; and 'jumper' in his gas connection, respondent Ongsip did not show any sign
PADILLA; April 26, 1989
(6) the costs of the suit. of fear or remorse and did not yield to the threatening demand of
- Petitioner appealed to the Court of Appeals Coronelthis is the attitude of someone who knows how to take a firm
- CA affirmed the lower courts decision in toto, hence, this petition stand where his principles and rights are concerned. To prove his FACTS
innocence, he was even willing to have his place excavated but petitioner - Rafael Patricio, an ordained Catholic priest, and actively engaged in
ISSUE would not dare take the consequences. Besides, Delfin Custodio, social and civic affairs in Pilar, Capiz, where he is residing, was
WON the amount of moral and exemplary damages awarded by the trial petitioner's own mechanical engineer, testified that the second gas meter appointed Director General of the 1976 Religious and Municipal Town
court and affirmed by the Court of appeals is excessive was replaced as being defective because "some of its parts were worn Fiesta of Pilar, Capiz. While a benefit dance was on-going in connection
out and that it was not properly registering." with the celebration of the town fiesta, petitioner together with two (2)
HELD - Evidently, petitioner Manila Gas Corporation, in failing to recover its lost policemen were posted near the gate of the public auditorium to check on
YES revenue caused by the gas meter's incorrect recording, sought to the assigned watchers of the gate. Private respondent Bienvenido
- Article 2217 of the Civil Code states that "moral damages include vindicate its financial loss by filing the complaint for qualified theft against Bacalocos, President of the Association of Barangay Captains of Pilar,
physical suffering, mental anguish, fright, serious anxiety, besmirched respondent Ongsip knowing it to be false. It was actually intended to vex Capiz and a member of the Sangguniang Bayan, who was in a state of
reputation, wounded feelings, moral shock, social humiliation, and similar and humiliate private respondent and to blacken his reputation not only drunkenness and standing near the same gate together with his
injury. Though incapable of pecuniary computation, moral damages may as a businessman but also as a person. Qualified theft is a serious companions, struck a bottle of beer on the table causing an injury on his
be recovered if they are the proximate result of the defendant's wrongful offense indicating moral depravity in an individual. To be accused of such hand which started to bleed. Then, he approached petitioner in a hostile
act or omission." On the other hand, Article 2229 provides that crime without basis is shocking and libelous. It stigmatized private manner and asked the latter if he had seen his wounded hand, and
"exemplary or corrective damages are imposed, by way of example or respondent causing him emotional depression and social degradation. before petitioner could respond, private respondent, without provocation,
correction for the public good, in addition, to the moral, temperate, The fact that the complaint for qualified theft was dismissed by the Pasay hit petitioner's face with his bloodied hand. As a consequence, a
liquidated or compensatory damages." City fiscal is no consolation. The damage had been done. Necessarily, commotion ensued and private respondent was brought by the policemen
- The first cause of action, for which respondent Ongsip was awarded indemnification had to be made. to the municipal building. As a result, Patricio filed a complaint for
moral and exemplary damages in the amount of P50,000.00 and - The Court gives due consideration to respondent Ongsip's social and Slander by Deed. the court ruled in favor of herein petitioner (as
P10,000.00, respectively, is predicated on Article 2219 of the Civil Code financial status as a businessman and the mental anguish he suffered as complainant), holding private respondent liable to the former for moral
a result of the false imputation. However, petitioner's financial capability damages as a result of the physical suffering, moral shock and social
torts & damages A2010 - 118 - prof. casis

humiliation caused by private respondent's act of hitting petitioner on the Certiorari from CAs decision to grant P75k, P25k and P5k to Espino for YES
face in public. moral damages, exemplary damages and attys fees. - The false accusation charged against the private respondent after
detaining and interrogating him by the uniformed guards and the mode
ISSUE FACTS and manner in which he was subjected, shouting at him, imposing upon
WON Patricio is entitled to damages for the humiliation he experienced - Espino is a graduate Mechanical Engineer from U.P. Class 1950, him a fine, threatening to call the police and in the presence and hearing
during the town fiesta employed as an executive of Proctor & Gamble Phils., Inc., a corporate of many people at the Supermarket which brought and caused him
manager incharge of motoring and warehousing therein; honorably humiliation and embarrassment, sufficiently rendered the petitioners
HELD discharged from the Philippine Army in 1946; a Philippine government liable for damages under Articles 19 and 21 in relation to Article 2219 of
YES pensionado of the United States for six months; member of the Philippine the Civil Code. Petitioners wilfully caused loss or injury to private
- As to moral damages, An award of moral damages is allowed in cases Veterans Legion; author of articles published in the Manila Sunday Times respondent in a manner that was contrary to morals, good customs or
specified or analogous to those provided in Article 2219 of the Civil Code, and Philippines Free Press; member of the Knights of Columbus, Council public policy. It is against morals, good customs and public policy to
to wit: No. 3713; son of the late Jose Maria Espino, retired Minister, Department humiliate, embarrass and degrade the dignity of a person. Everyone must
"ART. 2219. Moral damages may be recovered in the of Foreign Affairs at the Philippine Embassy, Washington. respect the dignity, personality, privacy and peace of mind of his
following and analogous cases: - One morning in 1970, he and his wife and their two daughters went to neighbors and other persons (Article 26, Civil Code). And one must act
(1) A criminal offense resulting in physical injuries; shop at South Supermarket (owned by Grand Union) in Makati. While his with justice, give everyone his due and observe honesty and good faith
(2) Quasi-delicts causing physical injuries; wife was shopping for groceries, he went around the store and found a (Article 19, Civil Code).
(3) Seduction, abduction, rape, or other lascivious acts. cylindrical rat-tail file that he had wanted to buy for his hobby. Because - While no proof of pecuniary loss is necessary in order that moral,
(4) Adultery or concubinage; it was small, he didnt put it in the grocery cart because it might fall and nominal, temperate, liquidated or exemplary damages may be
(5) Illegal or arbitrary detention or arrest; get lost. He instead held it in his hand. While still shopping, he and his adjudicated, the assessment of such damages, except liquidated ones, is
(6) Illegal search; wife ran into his aunts maid. While they were talking he stuck the file in left to the discretion of the court, according to the circumstances of each
(7) Libel, slander or any other form of defamation; his breast pocket, with a good part of the merchandise exposed. case (Art. 2216, New Civil Code). The whole incident that befell
(8) Malicious prosecution; - He paid for the items in his wifes cart; but he forgot about the file in his respondent had arisen in such a manner that was created unwittingly by
(9) Acts mentioned in article 309; pocket. On their way out, the guard stopped him and told him he hadnt his own act of forgetting to pay for the file. It was his forgetfulness in
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30 paid for the file. He apologized and said he had forgotten. He started checking out the item and paying for it that started the chain of events
32, 34, and 35. towards the cashier to pay; but the guard stopped him and said they were which led to his embarrassment and humiliation, thereby causing him
- Private respondent's contention that there was no bad faith on his part to go to the back of the supermarket. There, a report was made, where mental anguish, wounded feelings and serious anxiety. Yet, private
in slapping petitioner on the face and that the incident was merely Espino said that he just forgot that he placed it in his pocket while talking respondent's act of omission contributed to the occurrence of his injury or
accidental is not tenable. It was established before the court a quo that to the maid and his wife. He was then brought to the front of the grocery, loss and such contributory negligence is a factor which may reduce the
there was an existing feud between the families of both petitioner and near the cashiers to a Mrs. Fandino. It was around 9am and the many damages that private respondent may recover (Art. 2214, New Civil
private respondent and that private respondent slapped the petitioner people were at the store. Code). Moreover, that many people were present and they saw and
without provocation in the presence of several persons. - Fandino read the report and remarked: Ano,nakaw na naman ito. heard the ensuing interrogation and altercation appears to be simply a
- The act of private respondent in hitting petitioner on the face is contrary Espino said he was going to pay for it. Fandino replied: That is all they matter of coincidence in a supermarket which is a public place and the
to morals and good customs and caused the petitioner mental anguish, say, the people whom we cause not paying for the goods say . . . They all crowd of onlookers, hearers or bystanders was not deliberately sought or
moral shock, wounded feelings and social humiliation. Pursuant to Art. 21 intended to pay for the things that are found to them. Espino objected, called by management to witness private respondent's predicament. The
of the Civil Code in relation to par. (10) of Art. 2219 of the same Code, saying he was a regular customer of the supermarket. Espino took out a Court does not believe that private respondent was intentionally paraded
"any person who wilfully causes loss or injury to another in a manner that P5 bill to pay for the P3.85 file. Fandino reached over and took the P5 bill in order to humiliate or embarrass him because petitioner's business
is contrary to morals, good customs or public policy shall compensate the and said it was a fine. Espino and wife objected and said that he was not depended for its success and patronage the good will of the buying public
latter for the damage." a common criminal. Fandino said it was a reward for guards who which can only be preserved and promoted by good public relations.
- In addition to the award of moral damages, exemplary or corrective apprehend pilferers. People started milling around and stared at Espino. Disposition Petition denied. CA modified: moral damages = P5k; attys
damages may be imposed upon herein private respondent by way of He was directed to get in line at the cashier to pay for the file. All the time fees = P2k. no exemplary damages.
example or correction for the public good. The amount of exemplary the people were staring at him. He was totally embarrassed.
damages need not be proved where it is shown that plaintiff is entitled to - After paying he and his wife walked out quickly. He thought about going CARPIO V VALMONTE
either moral, temperate or compensatory damages back that night to throw stones at the supermarket; but decided to file a
438 SCRA 38
Disposition Decision in favor of Patricio. case. The CFI dismissed. CA awarded him damages.
TINGA; September 9, 2004
GRAND UNION SUPERMARKET INC V ESPINO ISSUE
WON Espino is entitled to damages for the humiliation he experienced at NATURE
GUERRERO; December 28, 1979 Petition for review on certiorari of a decision of the Court of Appeals
the supermarket
NATURE FACTS
HELD
torts & damages A2010 - 119 - prof. casis

- Respondent Valmonte is a wedding coordinator. Del Rosario and Sierra acted maliciously and in bad faith in pointing to her as the culprit. The provisions of Article 19 in relation to Article 21 for which she should be
engaged her services for their church wedding on 10 October 1996. At court said that Valmonte failed to show that she suffered serious anxiety, held accountable. A person should be protected only when he acts in the
about 4:30 p.m. on that day, Valmonte went to the Manila Hotel where moral shock, social humiliation, or that her reputation was besmirched legitimate exercise of his right, that is when he acts with prudence and
the bride and her family were billeted. When she arrived at Suite 326-A, due to petitioner's wrongful act. good faith; but not when he acts with negligence and abuse.
several persons were already there including the bride, the bride's - Respondent appealed to the Court of Appeals alleging that the trial - Respondent is clearly entitled to an award of moral damages. Moral
parents and relatives, the make-up artist and his assistant, the official court erred in finding that petitioner did not slander her good name and damages may be awarded whenever the defendant's wrongful act or
photographers, and the fashion designer. Among those present was reputation and in disregarding the evidence she presented. The Court of omission is the proximate cause of the plaintiff's physical suffering,
petitioner Carpio, an aunt of the bride who was preparing to dress up for Appeals ruled differently. It opined that Valmonte has clearly established mental anguish, fright, serious anxiety, besmirched reputation, wounded
the occasion. that she was singled out by petitioner as the one responsible for the loss feelings, moral shock, social humiliation, and similar injury in the cases
- After reporting to the bride, Valmonte went out of the suite carrying the of her jewelry. The appellate court held that Valmonte's claim for specified or analogous to those provided in Article 2219 of the Civil Code.
items needed for the wedding rites and the gifts from the principal damages is not predicated on the fact that she was subjected to body Though no proof of pecuniary loss is necessary in order that moral
sponsors. She proceeded to the Maynila Restaurant where the reception search and interrogation by the police but rather petitioner's act of damages may be adjudicated, courts are mandated to take into account
was to be held. She paid the suppliers, gave the meal allowance to the publicly accusing her of taking the missing jewelry. It categorized all the circumstances obtaining in the case and assess damages
band, and went back to the suite. Upon entering the suite, Valmonte petitioner's utterance defamatory considering that it imputed upon according to their discretion. Worthy of note is that moral damages are
noticed the people staring at her. It was at this juncture that petitioner Valmonte the crime of theft. The court concluded that petitioner's verbal not awarded to penalize the defendant, or to enrich a complainant, but to
allegedly uttered the following words to Valmonte: Ikaw lang ang assault upon Valmonte was done with malice and in bad faith since it was enable the latter to obtain means, diversions or amusements that will
lumabas ng kwarto, nasaan ang dala mong bag? Saan ka pumunta? made in the presence of many people without any solid proof except serve to alleviate the moral suffering he has undergone, by reason of
Ikaw lang ang lumabas ng kwarto, ikaw ang kumuha. Petitioner then petitioner's suspicion. Such unfounded accusation entitles Valmonte to defendant's culpable action. In any case, award of moral damages must
ordered one of the ladies to search Valmonte's bag. It turned out that an award of moral damages in the amount of P100,000.00 for she was be proportionate to the sufferings inflicted. Considering respondent's
after Valmonte left the room to attend to her duties, petitioner discovered publicly humiliated, deeply insulted, and embarrassed. However, the social standing, and the fact that her profession is based primarily on
that the pieces of jewelry which she placed inside the comfort room in a court found no sufficient evidence to justify the award of actual damages. trust reposed in her by her clients, the seriousness of the imputations
paper bag were lost. The hotel security was called in to help in the - Hence, this petition. Petitioner contends that the appellate court's made by petitioner has greatly tarnished her reputation and will in one
search. The bags and personal belongings of all the people inside the conclusion that she publicly humiliated respondent does not conform to way or the other, affect her future dealings with her clients, the award of
room were searched. Valmonte was allegedly bodily searched, the evidence presented. She adds that even on the assumption that she P100,000.00 as moral damages appears to be a fair and reasonable
interrogated and trailed by a security guard throughout the evening. uttered the words complained of, it was not shown that she did so with assessment of respondent's damages.
Later, police officers arrived and interviewed all persons who had access malice and in bad faith. Disposition Petition denied
to the suite and fingerprinted them including Valmonte. During all the time
Valmonte was being interrogated by the police officers, petitioner kept on ISSUE QUISABA V STA. INES
saying the words Siya lang ang lumabas ng kwarto. Valmonte's car WON petitioner had willfully caused injury to respondent in a manner that
CASTRO; August 30, 1974
which was parked at the hotel premises was also searched but the is contrary to morals and good customs
search yielded nothing.
- A few days after the incident, petitioner received a letter from Valmonte HELD NATURE
demanding a formal letter of apology which she wanted to be circulated YES Special civil action for certiorari
to the newlyweds' relatives and guests to redeem her smeared reputation - Petitioner's verbal reproach against respondent was certainly uncalled
as a result of petitioner's imputations against her. Petitioner did not for considering that by her own account nobody knew that she brought FACTS
respond to the letter. Thus, Valmonte filed a suit for damages against her such kind and amount of jewelry inside the paper bag. This being the - Quisaba avers in his complaint that for 18 yrs prior to his dismissal, he
before the Regional Trial Court (RTC) of Pasig City, Branch 268. In her case, she had no right to attack respondent with her innuendos which was in the employ of the defendant corporation.
complaint, Valmonte prayed that petitioner be ordered to pay actual, were not merely inquisitive but outrightly accusatory. By openly accusing - That Robert Hyde instructed him to purchase logs for the company's
moral and exemplary damages, as well as attorney's fees. respondent as the only person who went out of the room before the loss plant to which he refused on the ground that the work of purchasing logs
- Responding to the complaint, petitioner denied having uttered words or of the jewelry in the presence of all the guests therein, and ordering that is inconsistent with his position as internal auditor
done any act to confront or single out Valmonte during the investigation she be immediately bodily searched, petitioner virtually branded - That on the following day Hyde informed him of his temporary relief as
and claimed that everything that transpired after the theft incident was respondent as the thief. True, petitioner had the right to ascertain the internal auditor so that he could carry out immediately the instructions
purely a police matter in which she had no participation. Petitioner prayed identity of the malefactor, but to malign respondent without an iota of thus given, and he was warned that his failure to comply would be
for the dismissal of the complaint and for the court to adjudge Valmonte proof that she was the one who actually stole the jewelry is an act which, considered a ground for his dismissal
liable on her counterclaim. by any standard or principle of law is impermissible. Petitioner had - He pleaded for fairness but was instead demoted from a position of
- The trial court rendered its Decision dismissing Valmonte's complaint for willfully caused injury to respondent in a manner which is contrary to dignity to a servile and menial job; that the defendants did not reconsider
damages. It ruled that when petitioner sought investigation for the loss of morals and good customs. Her firmness and resolve to find her missing their "clever and subterfugial dismissal" of him which for all purposes
her jewelry, she was merely exercising her right and if damage results jewelry cannot justify her acts toward respondent. She did not act with constituted a "constructive discharge;" and that because of the said acts
from a person exercising his legal right, it is damnum absque injuria. It justice and good faith for apparently, she had no other purpose in mind of the defendants, he suffered mental anguish, serious anxiety,
added that no proof was presented by Valmonte to show that petitioner but to prejudice respondent. Certainly, petitioner transgressed the besmirched reputation, wounded feelings, moral shock and social
torts & damages A2010 - 120 - prof. casis

humiliate on. The complaint does not pray for reinstatement or payment which prohibits acts of oppression by either capital or labor against the shall not indorse and Labor Arbiters shall not entertain claims for moral or
of backwages. other, and article 21, which makes a person liable for damages if he other forms of damages, now under courts jurisdiction.
- Sta Ines et al moved to dismiss the complaint on the ground of lack of wilfully causes loss or injury to another in a manner that is contrary to - Defendants filed second motion to dismiss because of amendments to
jurisdiction of the Davao CFI, asserting that the proper forum is the NLRC morals, good customs or public policy, the sanction for which, by way of the Labor Code and PD No 1691. They said the case arose from such
established by Presidential Decree No. 21. moral damages, is provided in article 2219, no. 10. employer-employee relationship, which under PD No 1691, is under
- Quisaba opposed the motion;the NLRC's authorized representative in Art. 2219. Moral damages may be recovered in the following and exclusive original jurisdiction of labor arbiter. The ruling with respect to
Davao City opined that the NLRC no power to award damages analogous cages: defendants' first motion to dismiss, therefore, no longer holds.
- CFI granted the motion to dismiss on the ground that the complaint (10) Acts and actions referred to in articles 21, .... - Motion to reconsider was filed but was denied.
basically involves an employee-employer relationship. Disposition CASE REMANDED to the CFI for further proceedings in
accordance with law. ISSUE
WON Labor Code has any relevance to the reliefs sought by the plaintiffs

ISSUE HELD
WON a complaint for moral damages, exemplary damages, termination NO
pay and attorney's fees, arising from an employer's constructive - Plaintiffs have not alleged any unfair labor practice. Theirs is a simple
dismissal of an employee, is exclusively cognizable by the regular courts action for damages for tortuous acts allegedly committed by defendants.
of justice or by the NLRC Governing statute is Civil Code and not Labor Code.

HELD
SEPARATE OPINION
NO MEDINA V CASTRO-BARTOLOME
- The case at bar is intrinsically concerned with a civil (not a labor)
ABAD SANTOS; September 11, 1982 AQUINO [dissent]
dispute. It has to do with an alleged violation of Quisaba's rights as a
member of society, and does not involve an existing EE-ER relation - In my opinion the dismissal of the civil action for damages is correct
within the meaning of section 2(1) of LC. The complaint is thus properly FACTS because the claims of Medina and Ong were within the exclusive
and exclusively cognizable by the regular courts of justice, not by the - This is a civil case filed by Medina and Ong against Cosme de Aboitiz jurisdiction of the Labor Arbiter and the NLRC.
National Labor Relations Commission. and Pepsi-cola Bottling. Medina was the former Plant General Manager - Medina and Ong should not split their cause of action against Aboitiz
Reasoning and Ong was the former Plant Comptroller. De Aboitiz is President and and Pepsi-Cola.
-The jurisdiction of the NLRC is defined by section 2 of PD No. 21(AKA CEO of Pepsi-cola Bottling.
- Without provocation, De Aboitiz shouted at plaintiffs in the presence of
LC) which reads:
SEC. 2. The Commission shall have original and exclusive jurisdiction the plaintiffs subordinates, GOD DAMN IT. YOU FUCKED ME UP. OTHER TORTS
over the following. YOU SHUT UP! FUCK YOU! YOU ARE BOTH SHIT TO ME! YOU ARE
(1) All matters involving employee employer relations including all FIRED! (Medina) YOU TOO ARE FIRED! (Ong)
- Plaintiffs filed joint criminal complaint for oral defamation. But after AMARO V SUMANGUIT
disputes and grievances which may otherwise lead to strikes and
lockouts under Republic Act No. 875; preliminary investigation, complaint was dismissed allegedly because the G.R. No. L-14986
(2) All strikes overtaken by Proclamation No. 1081; and expression was not intended to slander but to express anger. Deputy MAKALINTAL; July 31, 1962
(3) All pending cases in the Bureau of Labor Relations. Minister of Justice issued resolution sustaining complaint, reversing the
- Although the acts complained of seemingly appear to constitute resolution of the Provincial Fiscal.
NATURE
"matters involving employee-employer relations" as Quisaba's dismissal - It was alleged that the defendants dismissed the plaintiffs because of
Appeal from decision of CFI
was the severance of a pre-existing employee-employer relation, his an alleged delay in the use of promotional crowns when such delay was
complaint is grounded not on his dismissal per se as in fact he does not true with respect to the other plants.
FACTS
ask for reinstatement or backwages, but on the manner of his dismissal - The dismissal was effected on the very day that plaintiffs were awarded
- October 5, 1958: Jose Amaro was assaulted and shot at near the city
and the consequent effects of such dismissal. rings of loyalty to the Company, five days before Christmas and on the
government building of Silay
- Civil law consists of that "mass of precepts that determine or regulate day when the employees' Christmas party was held in the Muntinlupa
- The following day he, together with his father and his witnesses, "went
the relations ... that exist between members of a society for the protection Plant, when plaintiffs went home that day and found their wives and
to the office of the defendant but instead of obtaining assistance to their
of private interests. 3 children already dressed up for the party, they didn't know what to do and
complaint they were harassed and terrorized"
- The "right" of the respondents to dismiss Quisaba should not be so they cried.
-In view thereof, they "gave up and renounced their right and interest in
confused with the manner in which the right was exercised and the - Motion to dismiss the complaint on the ground of lack of jurisdiction
the prosecution of the crime "
effects flowing therefrom. was filed by the defendants. The trial court denied the motion because
- Upon advice of the City Mayor an investigation was conducted and as a
- If the dismissal was done anti-socially or oppressively, as the complaint civil damage complaint is not based on employer-employee relationship
result the city attorney of Silay was about to file or had already filed an
alleges, then the respondents violated article 1701 of the Civil Code but on manner of dismissal. PD 1367 provides that Regional Directors
information for illegal discharge of firearm against the assailant
torts & damages A2010 - 121 - prof. casis

- Having finished the investigation of the crime complained of, the Disposition THE ORDER APPEALED from is set aside and the case is homeowners the Arcadio family. The ad of March 18, 1969 shows the
defendant chief of police is now harassing the plaintiffs in their daily work, remanded to the Court of origin for further proceedings. Costs against Arcadio family with their real house in the background, as was
ordering them thru his police to appear in his office when he is absent, appellee. intended all along."
and he is about to order the arrest of the plaintiffs to take their signatures - Judge Jose Leuterio observed that St. Louis Realty should have
in prepared affidavits exempting the police from any dereliction of duty in ST. LOUIS REALTY V ARAMIL immediately published a rectification and apology. He found that as a
their case against the perpetrator of the crime." result of St. Louis Realty's mistake, magnified by its utter lack of sincerity,
AQUINO; November 14, 1984
- Appellants filed suit for damages in the CFI of Negros Occidental Doctor Aramil suffered mental anguish and his income was reduced by
against the chief of police of the City of Silay. Although not specifically about P1,000 to P1,500 a month. Moreover, there was violation of
FACTS
alleged in the complaint, it is admitted by both parties, as shown in their Aramil's right to privacy (Art. 26, Civil Code). The trial court awarded
- St. Louis Realty caused to be published with the permission of Arcadio
respective briefs, that the action is predicated on Articles 21 and/or 27 of Aramil P8,000 as actual damages, P20,000 as moral damages and
S. Arcadio (but without permission of Doctor Aramil) in the issue of the
the Civil Code.The complaint was dismissed upon appellee's motion in P2,000 as allomey's fees. St. Louis Realty appealed. The CA affirmed.
Sunday Times of December 15, 1968 an advertisement with the heading
the court below on the ground that it does not state facts sufficient to The CA reasoned that St. Louis Realty committed an actionable quasi-
"WHERE THE HEART IS". Below that heading was the photograph of the
constitute a cause of action. delict under Articles 21 and 26 of the Civil Code because the questioned
residence of Doctor Aramil and the Arcadio family and then below the
advertisements pictured a beautiful house which did not belong to
photograph was the following write-up:
ISSUE Arcadio but to Doctor Aramil who, naturally, was annoyed by that.
"Home is where the heart is. And the hearts of MR. AND MRS.
WON the case should have been dismissed
ARCADIO S. ARCADIO and their family have been captured by
ISSUE
BROOKSIDE HELLS [note: thats not MY typo ha]. They used to rent
HELD WON the CA erred by ignoring certain facts and resorting to surmises
a small 2-bedroom house in a cramped neighborhood, sadly
NO and conjectures hence its decision is contrary to law and the rulings of
inadequate and unwholesome for the needs of a large family. They
Ratio An action should not be dismissed upon mere ambiguity, the SC
dream(ed) of a more pleasant place free from the din and dust of city
indefiniteness or uncertainty, for these are not grounds for a motion to
life yet near all facilities. Plans took shape when they heard of
dismiss, under Rule 8, but rather for a bill of particulars according to Rule HELD
BROOKSIDE HELLS [again, not MY typo]. With thrift and
16. 1. NO.
determination, they bought a lot and built their dream house . . . for
Reasoning Reasoning
P31,000. The Arcadios are now part of the friendly, thriving community
- The facts set out constitute an actionable dereliction on appellee's part - St. Louis Realty argues that the case is not covered by Article 26 which
of BROOKSIDE HILLS [whew, there you are, no typo at last]... a
in the light of Article 27 of the Civil Code, which states that provides that "every person shall respect the dignity, personality, privacy
beautiful first-class subdivision planned for wholesome family living."
Art. 27. Any person suffering material or moral loss because a public and peace of mind of his neighbors and other persons". "Prying into the
- The same advertisement appeared in the Sunday Times dated January
servant or employee refuses or neglects, without just cause, to privacy of another's residence" and "meddling with or disturbing the
5, 1969. Doctor Aramil, a neuropsychiatrist and a member of the faculty
perform his official duty may file an action for damages and other relief private life or family relations of another" and "similar acts, " "though they
of the U.E. Ramon Magsaysay Memorial Hospital, noticed the mistake.
against he latter, without prejudice to any disciplinary administrative may not constitute a criminal offense, shall produce a cause of action for
On that same date, he wrote St. Louis Realty a letter of protest.
action that may be taken. damages, prevention and other relief."
- The letter was received by Ernesto Magtoto, an officer of St. Louis
- That appellants were "harrased and terrorized" may be a conclusion of - The damages fixed by Judge Leuterio are sanctioned by Articles 2200,
Realty in charge of advertising. He stopped publication of the
law and hence improperly pleaded. Their claim for relief, however, is not 2208 and 2219 of the Civil Code. Article 2219 allows moral damages for
advertisement. He contacted Doctor Aramil and offered his apologies.
based on the fact of harassment and terrorization but on appellee's acts and actions mentioned in Article 26. [NOTE: see Art 2219 for the list
However, no rectification or apology was published.
refusal to give them assistance, which it was his duty to do as an officer of cases where moral damages may be granted.] The acts and omissions
- On February 20, 1969, Aramil's counsel demanded from St. Louis
of the law. The requirement under the aforesaid provision that such of the firm fall under Article 26.
Realty actual, moral and exemplary damages of P110,000. St. Louis
refusal must be "without just cause" is implicit in the context of the - St. Louis Realty's employee was grossly negligent in mixing up the
Realty claimed that there was an honest mistake and that if Aramil so
allegation. The statement of appellee's dereliction is repeated in a Aramil and Arcadio residences in a widely circulated publication like the
desired, rectification would be published in the Manila Times. It published
subsequent paragraph of the complaint, where it is alleged that "he is Sunday Times. To suit its purpose, it never made any written apology
in the issue of the Manila Times of March 18, 1969 a new advertisement
about to order the arrest of the plaintiffs" to make them sign affidavits of and explanation of the mix-up. It just contented itself with a cavalier
with the Arcadio family and their real house. But it did not publish any
exculpation in favor of the policemen. "rectification." Persons, who know the residence of Doctor Aramil, were
apology to Doctor Aramil and an explanation of the error.
- All that the Rules require is that there be a showing by a statement of confused by the distorted, lingering impression that he was renting his
- On March 29, Aramil filed his complaint for damages. St. Louis Realty
ultimate facts, that the plaintiff has a right and that such right has been residence from Arcadio or that Arcadio had leased it from him. Either
published in the issue of the Manila Times of April 15,1969 the following
violated by the defendant. way, his private life was mistakenly and unnecessarily exposed. He
"NOTICE OF RECTIFICATION" in a space 4 by 3 inches:
- Moran: The real test of good pleading under the new rules is whether suffered diminution of income and mental anguish.
"This will serve as a notice that our print ad 'Where the Heart is' which
the information given is sufficient to enable the party to plead and Disposition Decision appealed from is AFFIRMED. Costs against the
appeared in the Manila Times issue of March 18, 1969 is a
prepare for trial. A legal conclusion may serve the purpose of pleading as petitioner.
rectification of the same ad that appeared in the Manila Times issues
well as anything else if it gives the proper information. If the party wants
of December 15, 1968 and January 5, 1969 wherein a photo of the
more he may ask for more details in regard to the particular matter that is
house of another Brookside Homeowner (Dr. Aramil-private
stated too generally CONCEPCION V CA
respondent) was mistakenly used as a background for the featured
torts & damages A2010 - 122 - prof. casis

furthermore shown that these were the proximate result of the offender's his business due to his enforced absence therefrom.
wrongful act or omission.
DAMAGES Reasoning ISSUE
- In granting actual or compensatory damages, the party making a claim How to determine the amount of damages to award plaintiff
for such must present the best evidence available, viz., receipts,
PEOPLE V BALLESTEROS vouchers, and the like, as corroborated by his testimony. Here, the claim HELD
285 SCRA 438 for actual damages by the heirs of the victims is not controverted, the Reasoning
ROMERO; January 29, 1998 same having been fully substantiated by receipts accumulated by them - Actions for damages such as the case at bar are based upon article
and presented to the court. Therefore, the award of actual damages is 1902 of the Civil Code: "A person who, by act or omission, causes
NATURE proper. damage to another where there is fault or negligence shall be obliged to
Appeal from the decision of the RTC of Bangui, Ilocos Norte, finding the - However, the order granting compensatory damages to the heirs of repair the damage so done." Of this article, the supreme court of Spain,
accused guilty beyond reasonable doubt of murder, qualified by Jerry Agliam and Eduardo Tolentino Sr. must be amended. Consistent in considering the indemnity imposed by it, said: "It is undisputed that
treachery, as charged under Article 248 of the RPC. with the policy of this Court, the amount of P50,000 is given to the heirs said reparation, to be efficacious and substantial, must rationally include
of the victims by way of indemnity, and not as compensatory damages. the generic idea of complete indemnity, such as is defined and explained
FACTS - As regards moral damages, the amount of psychological pain, damage in article 1106 of the said (Civil) Code."
- The information alleged that the accused with the use of firearms and injury caused to the heirs of the victims, although inestimable, may - Art 1106. Indemnity for losses and damages includes not only the
caused the death of Eduardo Tolentino Sr. and Jerry Agliam and inflicted be determined by the trial court in its discretion. Hence, we see no amount of the loss which may have been suffered, but also that of the
gunshot wounds to Vidal Agliam, Carmelo Agliam, Robert Cacal and reason to disturb its findings as to this matter. profit which the creditor may have failed to realize, reserving the
Ronnel Tolentino. Disposition Decision appealed from is hereby AFFIRMED WITH provisions contained in the following articles.
- The Supreme Court upheld the RTCs decision as to the guilt of the MODIFICATION. No pronouncement as to cost. - Art 1107. The losses and damages for which a debtor in good faith is
three accused, FELIPE BALLESTEROS, CESAR GALO and ALVIN liable, are those foreseen or which may have been foreseen, at the time
BULUSAN. This digest will focus on the RTCs award of damages which CUSTODIO V CA of constituting the obligation, and which may be a necessary
is relevant to our recitation. consequence of its nonfulfillment.
- As to damages, the RTC further sentenced them to pay jointly and - The rules for the measure of damages, once that liability is determined:
ALGARRA V SANDEJAS The Civil Code requires that the defendant repair the damage caused by
solidarily:
1. The heirs of Jerry Agliam compensatory damages in the amount of 27 Phil 284 his fault or negligence. No distinction is made therein between damage
P50,000, moral damages in the amount of P20,000, and actual damages TRENT; March 24, 1914 caused maliciously and intentionally and damages caused through mere
in the amount of P35,755, with interest; negligence in so far as the civil liability of the wrongdoer in concerned.
2. The heirs of the late Eduardo Tolentino, Sr., compensatory damages NATURE Nor is the defendant required to do more than repair the damage done,
in the amount of P50,000, moral damages in the amount of P20,000, and Civil action for personal injuries received from a collision with the or, in other words, to put the plaintiff in the same position, so far as
actual damages in the total amount of P61,785, with interest; defendants automobile due to the negligence of the defendant, who was pecuniary compensation can do so, that he would have been in had the
3. Carmelo Agliam, actual damages in the amount of P2,003.40, and driving the car. The negligence is not questioned and this case involves damage not been inflicted. In this respect there is a notable difference
moral damages in the amount of P10,000, with interest; only the amount of damages which should be allowed. between the two systems. Under the Anglo-SAxon law, when malicious
4. Vidal Agliam Jr., Robert Cacal and Ronnel Tolentino, moral damages or willful intention to cause the damage is an element of the defendant's
in the amount of P5,000 each, with interest. FACTS act, it is quite generally regarded as an aggravating circumstance for
5. The costs. - The accident occurred on July 9, 1912. which the plaintiff is entitled to more than mere compensation for the
- Because of injuries, plaintiff spent 10 days in the hospital. The first 4-5 injury inflicted. These are called exemplary or punitive damages, and no
ISSUE days he couldnt leave his bed. After being discharged, he received provision is made for them in article 1902 of the Civil Code.
WON the trial court erred in the award of damages to the victims heirs medical attention from a private practitioner for several days. - article 1902 of the Civil Code requires that the defendant repair the
- Plaintiff testified that he had down no work since the accident, that his damage done. There is, however, a world of difficulty in carrying out the
HELD earning capacity was P50/month legislative will in this particular. The measure of damages is an ultimate
1. NO - He described himself as being well at the end of July; the trial took fact, to be determined from the evidence submitted to the court. The
Ratio Damages may be defined as the pecuniary compensation, place September 19 complexity of human affairs is such that two cases are seldom exactly
recompense, or satisfaction for an injury sustained, or as otherwise - Plaintiff sold distillery products and had about 20 regular customers alike, a thorough discussion of each case may permit of their more or
expressed, the pecuniary consequences which the law imposes for the who purchased in small quantities, necessitating regular, frequent less definite classification, and develop leading principles which will be of
breach of some duty or the violation of some right. Actual or deliveries great assistance to a court in determining the question, not only of
compensatory damages are those awarded in satisfaction of, or in - It took him about 4 years to build up the business he had at the time of damages, but of the prior one of negligence. As the Code is so indefinite
recompense for, loss or injury sustained, whereas moral damages may the accident, and since the accident, he only kept 4 of his regular (even though from necessity) on the subject of damages arising from
be invoked when the complainant has experienced mental anguish, customers. fault or negligence, the bench and bar should have access to and avail
serious anxiety, physical suffering, moral shock and so forth, and had - The lower court refused to allow him any compensation for injury to themselves of those great, underlying principles which have been
torts & damages A2010 - 123 - prof. casis

gradually and conservatively developed and thoroughly tested in Anglo- physically able to attend to his business, he found that would be where defendant's liability begins. Upon this basis, we fix the damages to
Saxon courts. A careful and intelligent application of these principles necessary to start with practically no regular trade, and either win back plaintiff's business at P250.
should have a tendency to prevent mistakes in the rulings of the court on his old customers from his competitors or else secure others. During this Disposition The judgment of the lower court is set aside, and the
the evidence offered, and should assist in determining damages, process of reestablishing his patronage his income would necessarily be plaintiff is awarded the following damages; ten pesos for medical
generally, with some degree of uniformity less than he was making at the time of the accident and would continue expenses; one hundred pesos for the two months of his enforced
- The case at bar involves actual incapacity of the plaintiff for two months, to be so for some time. Of course, if it could be mathematically absence from his business; and two hundred and fifty pesos for the
and loss of the greater portion of his business. As to the damages determined how much less he will earn during this rebuilding process damage done to his business in the way of loss of profits, or a total of
resulting from the actual incapacity of the plaintiff to attend to his than he would have earned if the accident had not occurred, that would three hundred and sixty pesos. No costs will be allowed in this instance.
business there is no question. They are, of course, to be allowed on the be the amount he would be entitled to in this action. But manifestly this
basis of his earning capacity, which in this case, is P50 per month. the ideal compensation cannot be ascertained. The question therefore PNOC V CA (MARIA EFIGENIA FISHING
difficult question in the present case is to determine the damage which resolves itself into whether this damage to his business can be so nearly
CORPORATION)
has results to his business through his enforced absence. In Sanz vs. ascertained as to justify a court in awarding any amount whatever.
Lavin Bros. (6 Phil. Rep., 299), this court, citing numerous decisions of - When it is shown that a plaintiff's business is a going concern with a 297 SCRA 402
the supreme court of Spain, held that evidence of damages "must rest fairly steady average profit on the investment, it may be assumed that ROMERO; October 8, 1998
upon satisfactory proof of the existence in reality of the damages alleged had the interruption to the business through defendant's wrongful act not
to have been suffered." But, while certainty is an essential element of an occurred, it would have continued producing this average income "so NATURE
award of damages, it need not be a mathematical certainty. That this is long as is usual with things of that nature." When in addition to the Petition for certiorari on a decision of the Court of Appeals.
true is adduced not only from the personal injury cases from the supreme previous average income of the business it is further shown what the
court of Spain which we have discussed above, but by many cases reduced receipts of the business are immediately after the cause of the FACTS
decided by this court, reference to which has already been made. As interruption has been removed, there can be no manner of doubt that a - In the early morning of September 21, 1977, the M/V Maria Efigenia
stated in Joyce on Damages, section 75, "But to deny the injured party loss of profits has resulted from the wrongful act of the defendant. In the XV, owned by private respondent Maria Efigenia Fishing Corporation,
the right to recover any actual damages in cases f torts because they are present case, we not only have the value of plaintiff's business to him just was navigating the waters near Fortune Island in Nasugbu, Batangas on
of such a nature a cannot be thus certainly measured, would be to enable prior to the accident, but we also have its value to him after the accident. its way to Navotas, Metro Manila when it collided with the vessel
parties to profit by and speculate upon their own wrongs; such is not the At the trial, he testified that his wife had earned about fifteen pesos Petroparcel which at the time was owned by the Luzon Stevedoring
law." during the two months that he was disabled. That this almost total Corporation (LSC) but then subsequently transferred to PNOC, causing
- As to the elements to be considered in estimating the damage done to destruction of his business was directly chargeable to defendant's the former to sink.
plaintiff's business by reason of his accident, this same author, citing wrongful act, there can be no manner of doubt; and the mere fact that the - Private respondent averred that M/V Maria Efigenia XV had an actual
numerous authorities, has the following to say: It is proper to consider the loss can not be ascertained with absolute accuracy, is no reason for value of P800,000.00 and that, after deducting the insurance payment of
business the plaintiff is engaged in, the nature and extent of such denying plaintiff's claim altogether. As stated in one case, it would be a P200,000.00, the amount of P600,000.00 should likewise be claimed.
business, the importance of his personal oversight and superintendence reproach to the law if he could not recover damages at all. (Baldwin vs. The amended complaint also alleged that inflation resulting from the
in conducting it, and the consequent loss arising from his inability to Marquez, 91 Ga., 404) devaluation of the Philippine peso had affected the replacement value of
prosecure it. - We are of the opinion that the lower court had before it sufficient the hull of the vessel, its equipment and its lost cargoes, such that there
- The business of the present plaintiff required his immediate supervision. evidence of the damage to plaintiff's business in the way of prospective should be a reasonable determination thereof. Furthermore, on account
All the profits derived therefrom were wholly due to his own exertions. loss of profits to justify it in calculating his damages as to his item. That of the sinking of the vessel, private respondent supposedly incurred
Nor are his damages confined to the actual time during which he was evidence has been properly elevated to this court of review. Under unrealized profits and lost business opportunities that would thereafter be
physically incapacitated for work, as is the case of a person working for a section 496 of the Code of Civil Procedure, we are authorized to enter proven.
stipulated daily or monthly or yearly salary. As to persons whose labor is final judgment or direct a new trial, as may best subserve the ends of - Lower court, on November 18, 1989 disposing of Civil Case No. C-
thus compensated and who completely recover from their injuries, the justice. We are of the opinion that the evidence presented as to the 9457, rendered judgment in favor of the plaintiff and against the
rule may be said to be that their damages are confined to the duration of damage done to plaintiff's business is credible and that it is sufficient and defendant PNOC Shipping & Transport Corporation, to pay the plaintiff:
their enforced absence from their occupation. But the present plaintiff clear enough upon which to base a judgment for damages. Plaintiff a. The sum of P6,438,048.00 representing the value of the fishing boat
could not resume his work at the same profit he was making when the having had four years' experience in selling goods on commission, it with interest from the date of the filing of the complaint at the rate of 6%
accident occurred. He had built up an establishing business which must be presumed that he will be able to rebuild his business to its per annum;
included some twenty regular customers. These customers represented former proportions; so that at some time in the future his commissions b. The sum of P50,000.00 as and for attorney's fees; and
to him a regular income. In addition to this he made sales to other people will equal those he was receiving when the accident occurred. Aided by c. The costs of suit.
who were not so regular in their purchases. - But he could figure on his experience, he should be able to rebuild this business to its former - The lower court concluded:
making at least some sales each month to others besides his regular proportions in much less time than it took to establish it as it stood just Evidently, the quotation of prices submitted by the plaintiff relative to
customers. Taken as a whole his average monthly income from his prior to the accident. One year should be sufficient time in which to do the replacement value of the fishing boat and its equipments in the
business was about P50. As a result of the accident, he lost all but four of this. The profits which plaintiff will receive from the business in the course tune of P6,438,048.00 which were lost due to the recklessness and
his regular customers and his receipts dwindled down to practically of its reconstruction will gradually increase. The injury to plaintiff's imprudence of the herein defendants were not rebutted by the latter
nothing. Other agents had invaded his territory, and upon becoming business begins where these profits leave off, and, as a corollary, there is with sufficient evidence. The defendants through their sole witness
torts & damages A2010 - 124 - prof. casis

Lorenzo Lazaro relied heavily on said witness' bare claim that the - If the market value of the ship reflects the fact that it is in any case loss for which it claimed compensation. This Court believes that such
amount afore-said is excessive or bloated, but they did not bother at virtually certain of profitable employment, then nothing can be added to allegations in the original and amended complaints can be the basis for
all to present any documentary evidence to substantiate such claim. that value in respect of charters actually lost, for to do so would be pro determination of a fair amount of nominal damages inasmuch as a
Evidence to be believed must not only proceed from the mouth of the tanto to compensate the plaintiff twice over. On the other hand, if the ship complaint alleges the ultimate facts constituting the plaintiffs cause of
credible witness, but it must be credible in itself. is valued without reference to its actual future engagements and only in action. Private respondent should be bound by its allegations on the
- Unsatisfied with the lower court's decision, petitioner elevated the the light of its profit-earning potentiality, then it may be necessary to add amount of its claims.
matter to the Court of Appeals which, however, affirmed the same in to the value thus assessed the anticipated profit on a charter or other Disposition the challenged decision of the Court of Appeals dated
toto on October 14, 1992. On petitioner's assertion that the award of engagement which it was unable to fulfill October 14, 1992 in CA-G.R. CV No. 26680 affirming that of the Regional
P6,438,048.00 was not convincingly proved by competent and admissible - What the court has to ascertain in each case is the "capitalised Trial Court of Caloocan City, Branch 121, is hereby MODIFIED insofar as
evidence, the Court of Appeals ruled that it was not necessary to qualify value of the vessel as a profit-earning machine not in the abstract it awarded actual damages to private respondent Maria Efigenia Fishing
Del Rosario as an expert witness because as the owner of the lost but in view of the actual circumstances," without, of course, taking Corporation in the amount of P6,438,048.00 for lack of evidentiary bases
vessel, "it was well within his knowledge and competency to identify and into account considerations which were too remote at the time of therefor. Considering the fact, however, that: (1) technically petitioner
determine the equipment installed and the cargoes loaded" on the vessel. the loss. sustained injury but which, unfortunately, was not adequately and
- Del Rosario's claim that private respondent incurred losses in the total properly proved, and (2) this case has dragged on for almost two
ISSUE amount of P6,438,048.00 should be admitted with extreme caution decades, we believe that an award of Two Million (P2,000,000.00) in
WON respondent courts award for damages is appropriate considering that, because it was a bare assertion, it should be supported favor of private respondent as and for nominal damages is in order.
by independent evidence. Moreover, because he was the owner of
HELD private respondent corporation whatever testimony he would give with INTEGRATED PACKING V CA
NO regard to the value of the lost vessel, its equipment and cargoes should
Ratio A party is entitled to adequate compensation only for such be viewed in the light of his self-interest therein. Accordingly, as stated at
pecuniary loss actually suffered and duly proved. Indeed, basic is the rule the outset, damages may not be awarded on the basis of hearsay DBP V CA (CUBA)
that to recover actual damages, the amount of loss must not only be evidence. DAVIDE JR; January 5, 1998
capable of proof but must actually be proven with a reasonable degree of - Nonetheless, the non-admissibility of said exhibits does not mean that it
certainty, premised upon competent proof or best evidence obtainable of totally deprives private respondent of any redress for the loss of its FACTS
the actual amount thereof. The claimant is duty-bound to point out vessel. - Plaintiff Lydia Cuba is a grantee of a Fishpond Lease Agreement. She
specific facts that afford a basis for measuring whatever compensatory - Nominal damages are awarded in every obligation arising from law, obtained loans from DBP. As security for said loans, plaintiff Lydia P.
damages are borne. A court cannot merely rely on speculations, contracts, quasi-contracts, acts or omissions punished by law, and quasi- Cuba executed two Deeds of Assignment of her Leasehold Rights.
conjectures, or guesswork as to the fact and amount of damages as well delicts, or in every case where property right has been invaded. Under - Plaintiff failed to pay her loan. Without foreclosure proceedings, DBP
as hearsay or uncorroborated testimony whose truth is suspect. Article 2223 of the Civil Code, "(t)he adjudication of nominal damages appropriated the leasehold Rights of Cuba over the fishpond in question.
Reasoning shall preclude further contest upon the right involved and all accessory After which defendant DBP, in turn, executed a Deed of Conditional Sale
- Under Article 2199 of the Civil Code, actual or compensatory damages questions, as between the parties to the suit, or their respective heirs and of the Leasehold Rights in favor of plaintiff Lydia Cuba over the same
are those awarded in satisfaction of, or in recompense for, loss or injury assigns." fishpond.
sustained. They proceed from a sense of natural justice and are - Actually, nominal damages are damages in name only and not in fact. - In the negotiation for repurchase, plaintiff Lydia Cuba addressed two
designed to repair the wrong that has been done, to compensate for the Where these are allowed, they are not treated as an equivalent of a letters to the Manager DBP, Dagupan City thereafter accepted the offer
injury inflicted and not to impose a penalty. In actions based on torts or wrong inflicted but simply in recognition of the existence of a technical to repurchase in a letter addressed to CUBA.
quasi-delicts, actual damages include all the natural and probable injury. However, the amount to be awarded as nominal damages shall be - After the Deed of Conditional Sale was executed in favor of Cuba, a
consequences of the act or omission complained of. There are two kinds equal or at least commensurate to the injury sustained by private new Fishpond Lease Agreement was issued by the Ministry of Agriculture
of actual or compensatory damages: one is the loss of what a respondent considering the concept and purpose of such damages. The and Food .
person already possesses (dao emergente), and the other is the amount of nominal damages to be awarded may also depend on certain - Cuba failed to pay the amortizations stipulated in the Deed of
failure to receive as a benefit that which would have pertained to special reasons extant in the case. Conditional Sale. After which she entered with the DBP a temporary
him (lucro cesante). - Applying now such principles to the instant case, we have on record the arrangement whereby in consideration for the deferment of the Notarial
- Where goods are destroyed by the wrongful act of the defendant the fact that petitioner's vessel Petroparcel was at fault as well as private Rescission of Deed of Conditional Sale, plaintiff Lydia Cuba promised to
plaintiff is entitled to their value at the time of destruction, that is, respondent's complaint claiming the amount of P692,680.00 representing make certain payments as stated in temporary Arrangement.
normally, the sum of money which he would have to pay in the market for the fishing nets, boat equipment and cargoes that sunk with the M/V - DBP thereafter sent a Notice of Rescission thru Notarial Act and which
identical or essentially similar goods, plus in a proper case damages for Maria Efigenia XV. In its amended complaint, private respondent alleged was received by Cuba. After the Notice of Rescission, DBP took
the loss of use during the period before replacement. In other words, in that the vessel had an actual value of P800,000.00 but it had been paid possession of the Leasehold Rights of the fishpond in question;
the case of profit-earning chattels, what has to be assessed is the value insurance in the amount of P200,000.00 and, therefore, it claimed only - That after defendant DBP took possession of the Leasehold Rights over
of the chattel to its owner as a going concern at the time and place of the the amount of P600,000.00. Ordinarily, the receipt of insurance payments the fishpond in question, DBP thereafter executed a Deed of Conditional
loss, and this means, at least in the case of ships, that regard must be should diminish the total value of the vessel quoted by private respondent Sale in favor of defendant Agripina Caperal.
had to existing and pending engagements, in his complaint considering that such payment is causally related to the
torts & damages A2010 - 125 - prof. casis

- Thereafter, defendant Caperal was awarded Fishpond Lease therefore speculative. The alleged loss could have been a mere 1. WON appellate court erred when it held that petitioner was positively
Agreement by the Ministry of Agriculture and Food. afterthought or subterfuge to justify her claim for actual damages. and categorically identified as the killer of Malaspina, in affirming the
- CUBA filed complaint questioning the act of DBP in appropriating to - With regard to the award of P517,000 representing the value of the judgnment of conviction
itself CUBA's leasehold rights over the fishpond in question without alleged 230,000 pieces of bangus which died when DBP took possession 2. WON CA erred in holding petitioner liable for damages to the heirs of
foreclosure proceedings. TC ruled in favor of petitioner and granted of the fishpond in March 1979, the same was not called for. Such loss the victim
actual damages in the amount of P1,067,500 representing lost was not duly proved; besides, the claim therefor was delayed
equipment and dead fish due to DBPs forecloseure of fishpond and unreasonably. From 1979 until after the filing of her complaint in court in HELD
ejectment of laborers. May 1985, CUBA did not bring to the attention of DBP the alleged loss 1. NO
- CA regarding damages granted ruled that CUBA was not entitled to loss - The award of actual damages should, therefore, be struck down for lack - Petitioner would make much of the alleged confession of Zoilo Fuentes,
of profits for lack of evidence, but agreed with the trial court as to the of sufficient basis. Jr., since it is a declaration against penal interest and therefore an
actual damages of P1,067,500. It, however, deleted the amount of - In view however, of DBP's act of appropriating CUBA's leasehold rights exception to the hearsay rule. One of the recognized exceptions to the
exemplary damages and reduced the award of moral damages from which was contrary to law and public policy, as well as its false hearsay rule is that pertaining to declarations made against interest
P100,000 to P50,000 and attorney's fees, from P100.00 to P50,000 representation to the then Ministry of Agriculture and Natural Resources - There are three (3) essential requisites for the admissibility of a
that it had "foreclosed the mortgage," an award of moral damages in the declaration against interest: (a) the declarant must not be available to
amount of P50,000 testify; (b) the declaration must concern a fact cognizable by the
ISSUE - Exemplary or corrective damages in the amount of P25,000 should declarant; and (c) the circumstances must render it improbable that a
WON the damages granted to CUBA are valid likewise be awarded by way of example or correction for the public good. motive to falsify existed.
20 There being an award of exemplary damages, attorney's fees are also - we find that the declaration particularly against penal interest attributed
HELD recoverable to Zoilo Fuentes Jr. is not admissible in evidence as an exception to the
NO hearsay rule
- Article 2199 provides: - One striking feature that militates against the acceptance of such a
Except as provided by law or by stipulation, one is entitled to an statement is its patent untrustworthiness. Zoilo who is related to
adequate compensation only for such pecuniary loss suffered by him accusedappellant had every motive to prevaricate
as he has duly proved. Such compensation is referred to as actual or 2. NO
compensatory damages - Petitioner maintains that assuming that he committed the crime it is
- Actual or compensatory damages cannot be presumed, but must be FUENTES V CA error to hold him answerable for P8,300.00 as actual damages on the
proved with reasonable degree of certainty. A court cannot rely on basis of the mere testimony of the victim's sister, Angelina Serrano,
323 PHIL 508
speculations, conjectures, or guesswork as to the fact and amount of without any tangible document to support such claim.
damages, but must depend upon competent proof that they have been BELLOSILLO; February 9, 1996 - This is a valid point. In crimes and quasi-delict's, the defendant is liable
suffered by the injured party and on the best obtainable evidence of the for all damages which are the natural and probable consequences of the
actual amount thereof. FACTS act or omission complained of. To seek recovery for actual damages it is
- In the present case, the trial court awarded in favor of CUBA - 24 June 1989 Julieto Malaspina was at a benefit dance at Dump Site, essential that the injured party proves the actual amount of loss with
P1,067,500 as actual damages consisting of P550,000 which Tudela, Trento, Agusan del Sur. Petitioner called Malaspina and placed reasonable degree of certainty premised upon competent proof and on
represented the value of the alleged lost articles of CUBA and P517,500 his right arm on the shoulder of the latter saying, "Before, I saw you with the best evidence available.. Courts cannot simply rely on speculation,
which represented the value of the 230,000 pieces of bangus allegedly a long hair but now you have a short hair. Suddenly petitioner stabbed conjecture or guesswork in determining the fact and amount of damages.
stocked in 1979 when DBP first ejected CUBA from the fishpond and the Malaspina in the abdomen with a hunting knife. After muttering that - The award by the court a quo of P8,300.00 as actual damages is not
adjoining house. Fuentes stabbed him, he died. supported by the evidence on record. We have only the testimony of the
- We find that the alleged loss of personal belongings and equipment was - Petitioner claims on the other hand that it was his cousin Zoilo Fuentes, victim's elder sister stating that she incurred expenses of P8,300.00 in
not proved by clear evidence. Other than the testimony of CUBA and her Jr., alias "Jonie" who knifed Malaspina. He said that his cousin directly connection with the death of Malaspina
caretaker, there was no proof as to the existence of those items before told him that he stabbed the victim out of grudge. - However, no proof of the actual damages was ever presented in court.
DBP took over the fishpond in question. As pointed out by DBP, there - The Regional Trial Court of Prosperidad, Agusan del Sur, found Of the expenses alleged to have been incurred, the Court can only give
was no "inventory of the alleged lost items before the loss which is petitioner guilty of murder qualified by treachery and imposed on him an credence to those supported by receipts and which appear to have been
normal in a project which sometimes, if not most often, is left to the care indeterminate prison term of ten (10) years and one (1) day of prision genuinely expended in connection with the death of the victim. Since the
of other persons." Neither was a single receipt or record of acquisition mayor as minimum to seventeen (17) years and four (4) months of actual amount was not substantiated, the same cannot be granted
presented. reclusion temporal as maximum, to indemnify the heirs of the victim
- in her complaint dated 17 May 1985, CUBA included "losses of Julieto Malaspina the amount of P50,000.00 and to pay P8,300.00 as TALISAY SILAY V ASSOCIACION
property" as among the damages resulting from DBP's take-over of the actual damages plus costs. CA affirmed
247 SCRA 361
fishpond. Yet, it was only in September 1985 when she came to know of
the alleged loss of several articles. Such claim for "losses of property," ISSUE FELICIANO; August 15, 1995
having been made before knowledge of the alleged actual loss, was
torts & damages A2010 - 126 - prof. casis

NATURE with the corroborative testimony of one Ricardo Yapjoco, a Certified Accordingly, the transfer by AATSI, et al. of their domestic sugar quota
Petition to review of the decision of the Court of Appeals reducing the Public Accountant and Internal Auditor of TSMC, were the basis of the must be regarded as valid and the loss of income attributable to the
award of damages granted by the court a quo from approximately P15.4 trial court's award of P8,802,612.89 to TSMC and of P6,609,714.32 to transfer of such domestic sugar quota from TSMC and TSICA to FFMCI
million to only P1 million TSICA. It is noteworthy that the joint record on appeal reveals that must be deducted from the aggregate amount of damages due to TSMC
AATSI, et al. objected to the Offer of Evidence of TSMC and TSICA not and TSICA. A second example: Exhibits "P-1" and "W-1" embody figures
FACTS on the basis that such evidence fell outside the scope of the issues as relating to "molasses." Molasses are a by-product of milled sugar,
- On 15 February 1966, Talisay-Silay Milling Co., Inc. ("TSMC") and defined in the pleadings as they then stood, but rather on the basis that whether that sugar be covered by a "domestic quota" or by an "export
Talisay-Silay Industrial Cooperative Association, Inc. ("TSICA") instituted such evidence was "incompetent" and speculative in character, i.e., as quota." The amount of income lost traceable to molasses that would have
an action for damages against defendants Asociacion de Agricultores de "being mere estimates prepared by witness Yapjoco" and constituting been extracted from domestic sugar must be deducted from the
Talisay-Silay, Inc. ("AATSI"), et. al. merely his "opinion." It should also be noted that the testimony of Mr. aggregate damages due to TSMC and TSICA.
- On 4 March 1972, the then Court of First Instance of Rizal rendered its Yapjoco was subjected to extensive cross-examination by counsel for Disposition Decision and Resolution of the Court of Appeals MODIFIED
decision condemning the defendants jointly and severally to pay plaintiff AATSI, et al. The trial court did not expressly overrule AATSI, et al.'s insofar as the award of actual damages due Talisay-Silay Milling Co., Inc.
Talisay-Silay Industrial Cooperative Association the amount of objection to the Offer of Evidence of TSMC and TSICA; it is nevertheless and Talisay-Silay Industrial Cooperative Association, Inc. are concerned.
P6,609,714.32 and to plaintiff Talisay-Silay Milling Co., Inc. the sum of clear that the trial court did not accord much weight to that objection. Subject to the rulings referred to herein, this case is REMANDED to the
P8,802,612.89 with legal rate of interest from the filing of the complaint - The point that may be here underscored is that AATSI, et al., having Court of Appeals for the determination, with all deliberate dispatch, of the
until fully paid. been given the opportunity and having in fact been able to register their amount of damages due Talisay-Silay Milling Co., Inc. and Talisay-Silay
- The Court of Appeal rendered a decision affirming with modification the objections to the evidence formally offered by TSMC and TSICA were not Industrial Cooperative Association, Inc.
decision of the court a quo by reducing the amount of damages due in any way prejudiced by the discrepancy between the allegations in the
plaintiffs-appellees TSMC and TSICA from approximately P15.4 million to complaint filed and the propositions which the evidence submitted by PNOC V CA
only P1 million. TSMC and TSICA tended to establish. We conclude that the Court of
297 SCRA 402
Appeals erred when it failed to treat the amended and supplemental
ISSUE complaint of TSMC and TSICA as if such complaint had in fact been ROMERO; October 8, 1998
WON the reduction of damages was proper amended to conform to the evidence, and when it limited the damages
due to TSMC and TSICA to the amount prayed for in their original NATURE
HELD complaint. Petition for review on the decision of CA
- In reducing the amount of damages awarded by the court a quo to - A review of the damages actually awarded to TSMC and TSICA by the
petitioners TSMC and TSICA from roughly P15.4 million to only P1 trial court on the one hand and the Court of Appeals on the other, reveals FACTS
million, the Court of Appeals, citing Malayan Insurance Co.. Inc. v. Manila the need for a more careful and thorough examination of the matter. As - M/V Maria Efigenia XV, owned by private respondent Maria Efigenia
Port Service reasoned that the reduction was dictated by the failure or earlier noted, the Court of Appeals' award of P1 million based simply on Fishing Corporation, collided with the vessel Petroparcel which at the
TSMC and TSICA to comply with Section 5, Rule 10 of the Rule of Court, the amount set out in the original complaint of TSMC and TSICA must be time was owned by the Luzon Stevedoring Corporation (LSC).
i.e., TSMC and TSICA's failure to amend their complaint to conform to discarded. Upon the other hand, the award by the trial court of damages - After investigation was conducted by the Board of Marine Inquiry,
the evidence presented during trial which showed that TSMC and TSICA to TSMC and TSICA was arrived at merely by totalling up the unrealized Philippine Coast Guard Commandant Simeon N. Alejandro rendered a
suffered damages amounting to more than P1 million by virtue of the income sustained by TSMC and TSICA over the relevant four (4) crop decision finding the Petroparcel at fault. Based on this finding by the
illegal transfer of export sugar quota from TSMC to FFMCI. We are year period: Board and after unsuccessful demands on petitioner private respondent
unable to agree with the Court of Appeals on this point. - "Because on the refusal of the defendants planters to return to TSMC, sued the LSC and the Petroparcel captain, Edgardo Doruelo, before the
- A court may rule and render judgment on the basis of the evidence plaintiff TSMC [and TSICA] suffered an unrealized profit; of then Court of First Instance of Caloocan City. In particular, private
before it even though the relevant pleading had not been previously P1,934,847.73 in 1964-65 while for 1965-66 crop year, in the amount of respondent prayed for an award of P692,680.00, allegedly representing
amended, so long as no surprise or prejudice is thereby caused to the P3,033,301.16, for 1966-67 in the amount of P4,656,643.20, and for the value of the fishing nets, boat equipment and cargoes of M/V Maria
adverse party. Put a little differently, so long as the basic requirements of 1967-1968, in the amount of P4,805,472.12. Efigenia XV. Meanwhile, during the pendency of the case, petitioner
fair play had been met, as where litigants were given full opportunity to - The plaintiff TSMC failed to realize P3,015,077.77 and plaintiff TASICA PNOC Shipping and Transport Corporation sought to be substituted in
support their respective contentions and to object to or refute each failed to realize P6,609,714.32 or a total of P9,624,792.09. In 1967-68 place of LSC as it had already acquired ownership of the Petroparcel.
other's evidence, the court may validly treat the pleadings as if they had after the lease to TASICA has expired, TSMC failed to realize a net - Private respondent later sought the amendment of its complaint on the
been amended to conform to the evidence and proceed to adjudicate on income of P4,805,514.12." ground that the original complaint failed to plead for the recovery of the
the basis of all the evidence before it. - We believe, in other words, that the figures and computations utilized by lost value of the hull of M/V Maria Efigenia XV. Accordingly, in the
- The record of the instant case shows that TSMC and TSICA formally the trial court in its award on damages need further examination and amended complaint, private respondent averred that M/V Maria Efigenia
offered as evidence documents which set out in detail the estimated refinement. For instance, the award of damages rendered by the trial XV had an actual value of P800,000.00 and that, after deducting the
unrealized income suffered by TSMC and TSICA during four (4) court took into account the loss of income suffered by TSMC and TSICA insurance payment of P200,000.00, the amount of P600,000.00 should
consecutive crop years, i.e., (CYs) 1964-1965, 1965-1966, 1966-1967 when AATSI, et al. transferred two (2) of sugar quota: the "domestic likewise be claimed. Furthermore, on account of the sinking of the vessel,
and 1967-1968, the failure of realization being attributed to the transfer quota" and the "export quota." The consent of the sugar central was not private respondent supposedly incurred unrealized profits and lost
by AATSI, et al. of their sugar quota to FFMCI. These documents, along required for the validity of a transfer of the domestic sugar quota. business opportunities that would thereafter be proven.
torts & damages A2010 - 127 - prof. casis

- The lower court its decision in favor of the plaintiff and against the RTC awarded a total of P632K (should be P616K) in compensatory
defendant PNOC Shipping & Transport Corporation, to pay the plaintiff RAMOS V CA (DELOS SANTOS MEDICAL CENTER, damages to the plaintiff, "subject to its being updated" covering the
the sum of P6,438,048.00 representing the value of the fishing boat with period from 15 November 1985 up to 15 April 1992, based on monthly
DR. HOSAKA)
interest from the date of the filing of the complaint at the rate of 6% per expenses for the care of the patient estimated at P8K. CA overturned the
annum. 321 SCRA 584 decision. Hence, this appeal.
KAPUNAN; December 29, 1999 (NOTE: See Crim Law 2 Digest re discourse on Res ipsa loquitur and the
negligence of Dr. Gutierrez, and Dr. Hosaka. It was ruled in here that the
NATURE surgeon, the anesthesiologist and the hospital should be made liable for
HELD Petition for review on certiorari of a decision of the Court of Appeals. the unfortunate comatose condition of a patient scheduled for
RE DAMAGE TO PROPERTY cholecystectomy or surgical excision of the gall bladder)
- Under Article 2199 of the Civil Code, actual or compensatory damages FACTS
are those awarded in satisfaction of, or in recompense for, loss or injury - Erlinda Ramos, a 47-year old robust woman, was advised to undergo ISSUE
sustained. They proceed from a sense of natural justice and are an operation for the removal of a stone in her gall bladder for occasional WON the damages awarded by lower court was inadequate
designed to repair the wrong that has been done, to compensate for the complaints of discomfort due to pains she felt.
injury inflicted and not to impose a penalty. In actions based on torts or - She and her husband, Rogelio E. Ramos, met thru a mutual doctor HELD
quasi-delicts, actual damages include all the natural and probable friend, Dr. Orlino Hosaka, one of the defendants on June 10, 1985. The YES
consequences of the act or omission complained of. There are two kinds scheduled operation would be on June 17, 1985 9AM at Delos Santos - The amount of actual damages recoverable in suits arising from
of actual or compensatory damages: one is the loss of what a person Medical Center (DLSMC). When asked for an anesthesiologist, Dr. negligence should at least reflect the correct minimum cost of proper
already possesses (dao emergente), and the other is the failure to Hosaka claimed he would get a good one without giving a name. care, not the cost of the care the family is usually compelled to undertake
receive as a benefit that which would have pertained to him (lucro - At around 7:30AM of June 17, she was prepared for the operation by at home to avoid bankruptcy. However, the provisions of the Civil Code
cesante). Thus: the hospital staff. Her sister-in-law, Herminda Cruz, Dean of the College on actual or compensatory damages present us with some difficulties.
"Where goods are destroyed by the wrongful act of the defendant the of Nursing of Capitol Medical Center, was there and was allowed to be in Actual damages which may be claimed by the plaintiff are those
plaintiff is entitled to their value at the time of destruction, that is, the operating room to give moral support. Cruz saw 2 or 3 nurses and Dr. suffered by him as he has duly proved. (A1299 CC19)
normally, the sum of money which he would have to pay in the market Perfecta Gutierrez, another defendant, who administered the anesthesia. - Our rules on actual or compensatory damages generally assume that at
for identical or essentially similar goods, plus in a proper case At 9:30AM, Dr. Hosaka was not yet in. Erlinda Ramos was getting the time of litigation, the injury suffered as a consequence of an act of
damages for the loss of use during the period before replacement. In impatient. It was at almost 12NN when Dr. Hosaka arrived. At 12:15AM negligence has been completed and that the cost can be liquidated. But
other words, in the case of profit-earning chattels, what has to be when the operating room was very busy, final preparations for the these provisions neglect to take into account those situations, as in this
assessed is the value of the chattel to its owner as a going concern at operation were done. case, where the resulting injury might be continuing and possible future
the time and place of the loss, and this means, at least in the case of - When the patient was being intubated, Cruz heard Dr. Gutierrez say complications directly arising from the injury, while certain to occur, are
ships, that regard must be had to existing and pending Aang hirap maintubate nito, mali yata ang pagkakapasok. O lumalaki difficult to predict.
engagements.x x x. ang tiyan. These remarks made her look at what the Dr. was doing. She Other damages discussed:
x x x. If the market value of the ship reflects the fact that it is in any then noticed bluish discoloration of the nailbeds of the left hand of the - In these cases, the amount of damages which should be awarded, if
case virtually certain of profitable employment, then nothing can be hapless Erlinda even as Dr. Hosaka approached her. Dr. Hosaka then they are to adequately and correctly respond to the injury caused, should
added to that value in respect of charters actually lost, for to do so ordered someone to call for another anesthesiologist, Dr. Calderon. Dr. be one which compensates for pecuniary loss incurred and proved, up to
would be pro tanto to compensate the plaintiff twice over. On the other Calderon came and was also trying to intubate the patient. The patient the time of trial; and one which would meet pecuniary loss certain to be
hand, if the ship is valued without reference to its actual future was placed in a tredelenburg position - a position where the head of the suffered but which could not, from the nature of the case, be made with
engagements and only in the light of its profit-earning potentiality, then patient is placed in a position lower than her feet which is an indication certainty. In other words, temperate damages can and should be
it may be necessary to add to the value thus assessed the anticipated that there is a decrease of blood supply to the patients brain. awarded on top of actual or compensatory damages in instances where
profit on a charter or other engagement which it was unable to fulfill. - Rogelio Ramos who was outside of the operating room then saw a the injury is chronic and continuing. And because of the unique nature of
What the court has to ascertain in each case is the `capitalised value respiratory machine being rushed into the O.R. At almost 3PM of that such cases, no incompatibility arises when both actual and temperate
of the vessel as a profit-earning machine not in the abstract but in day, the patient was taken to the Intensive Care Unit (ICU). damages are provided for. The reason is that these damages cover two
view of the actual circumstances,' without, of course, taking into - Erlinda stayed at the ICU for a month. Four months later, the patient distinct phases.
account considerations which were too remote at the time of the loss." was released from the hospital. She has been brain damaged ever since, - Moral damages: the actual physical, emotional and financial cost of the
- Nominal damages are awarded in every obligation arising from law, and comatose. care of petitioner which would be virtually impossible to quantify. The
contracts, quasi-contracts, acts or omissions punished by law, and quasi- - Petitioners then filed a civil case for damages in Jan. 1986. Petitioners husband and the children will have to live with the day to day uncertainty
delicts, or in every case where property right has been invaded. [Arts. proved that the damage sustained by Erlinda was due to lack of oxygen of the patient's illness, knowing any hope of recovery is close to nil. They
2222 & 1157, Civil Code.] Under Article 2223 of the Civil Code, "(t)he in her brain caused by the faulty management of her airway by private have fashioned their daily lives around the nursing care of petitioner,
adjudication of nominal damages shall preclude further contest upon the respondents during the anesthesia phase. Respondents claimed that the
right involved and all accessory questions, as between the parties to the damage was Erlindas allergic reaction to the anesthetic agent, 19Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate
suit, or their respective heirs and assigns." Thiopental Sodium (Penthonal). RTC ruled in favor of the petitioners. compensation only for such pecuniary loss suffered by him as he has duly proved. Such
compensation is referred to as actual or compensatory damages.
torts & damages A2010 - 128 - prof. casis

altering their long term goals to take into account their life with a - TC ruled in favor of respondents because of the waiver. CA reversed - When a "snapping sound" was suddenly heard at one part of the bus.
comatose patient. They are charged with the moral responsibility of the but affirmed TC in denying petitioners claim for damages. Hence, this One of the passengers cried out, "What happened?" The driver replied,
care of the victim. The family's moral injury and suffering in this case is appeal. "That is only normal". The driver did not stop to check if anything had
clearly a real one. gone wrong with the bus. The driver's reply necessarily indicated that the
- Finally, by way of example, exemplary damages are awarded ISSUES same "snapping sound" had been heard in the bus on previous
considering the length and nature of the instant suit. 1. WON there was a valid waiver to effect relinquishment of any right of occasions. This meant that the bus had not been checked physically or
Disposition Decision and resolution of the appellate court appealed action on the oart of the petitioner mechanically to determine what was causing the "snapping sound" which
from are modified so as to award in favor of petitioners, and solidarily 2. WON private respondent Delim was able to prove that he had had occurred so frequently that the driver had gotten accustomed to it.
against private respondents the ff: 1) P1.352M as actual damages exercised extraordinary diligence to prevent the mishap Force majeure is no defense.
computed as of the date of promulgation of this decision plus a monthly 3. WON damages may be awarded petitioner Gatchalian 3. YES
payment of P8K up to the time that petitioner Erlinda Ramos expires or - Compensatory and moral damages may be awarded.
miraculously survives; 2) P2M as moral damages, 3) P1.5Mas temperate HELD [1] A person is entitled to the physical integrity of his or her body; if that
damages; 4) P100K each as exemplary damages and attorney's fees; 1. NO integrity is violated or diminished, actual injury is suffered for which actual
and, 5) the costs of the suit. Ratio A waiver, to be valid and effective, must in the first place be or compensatory damages are due and assessable. Petitioner
couched in clear and unequivocal terms which leave no doubt as to the Gatchalian is entitled to be placed as nearly as possible in the condition
GATCHALIAN V DELIM intention of a person to give up a right or benefit which legally pertains to that she was before the mishap. A scar, especially one on the face of the
him. A waiver may not casually be attributed to a person when the terms woman, resulting from the infliction of injury upon her, is a violation of
203 SCRA 126
thereof do not explicitly and clearly evidence an intent to abandon a right bodily integrity, giving raise to a legitimate claim for restoration to her
FELICIANO; October 21, 1991 vested in such person. conditio ante. Hence, compensatory damages is awarded, especially to
Reasoning cover the petitioners expenses for the plastic surgery.
NATURE [1] Under the circumstances petitioner was still reeling from the effects of [2] Moral damages may be awarded where gross negligence on the part
Appeal from a decision of CA the vehicular accident, having been in the hospital for only 3 days, when of the common carrier is shown. 18 Since we have earlier concluded that
the waiver/Joint Affidavit was presented to her for signing; that while respondent common carrier and his driver had been grossly negligent in
FACTS reading it, she experienced dizziness but that, seeing the other connection with the bus mishap which had injured petitioner and other
- In July 1973, petitioner Reynalda Gatchalian boarded, as a paying passengers who had also suffered injuries sign the document, she too passengers, and recalling the aggressive manuevers of respondent,
passenger, respondent's "Thames" mini bus and on the way, while the signed without bothering to read it in its entirety. There is substantial through his wife, to get the victims to waive their right to recover
bus was running along the highway in Bauang, La Union, "a snapping doubt whether petitioner fully understood it damages even as they were still
sound" was suddenly heard at one part of the bus and, shortly thereafter, [2] because what is involved here is the liability of a common carrier for Disposition CFI and CA decisions reversed and set aside. Respondent
the vehicle bumped a cement flower pot on the side of the road, went off injuries sustained by passengers in respect of whose safety a common ORDERED to pay petitioner Gatchalian the ff. sums: 1) P15K as actual or
the road, turned turtle and fell into a ditch. Several passengers, including carrier must exercise extraordinary diligence, we must construe any such compensatory damages to cover the cost of plastic surgery for the
petitioner Gatchalian, were injured. They were promptly taken the purported waiver most strictly against the common carrier. For a waiver removal of the scar on petitioner's forehead; 2) P30Kas moral damages;
hospital for medical treatment. Upon medical examination, petitioner was to be valid and effective, it must not be contrary to law, morals, public and 3) P1K as atty's fees, the aggregate amount to bear interest at the
found to have sustained physical injuries on the leg, arm and forehead. policy or good customs. To uphold a supposed waiver of any right to legal rate of 6% per annum counting from the promulgation of this
- While injured. passengers were confined in the hospital, Mrs. Adela claim damages by an injured passenger, under circumstances like those decision until full payment thereof.
Delim, wife of respondent, visited them and later paid for their exhibited in this case, would be to dilute and weaken the standard of
hospitalization and medical expenses. She also gave petitioner P12 with extraordinary diligence exacted by the law from common carriers and PEOPLE V MANGAHAS
which to pay her transportation expense in going home from the hospital. hence to render that standard unenforceable. Such waiver is offensive to 311 SCRA 384
She also had the injured passengers, including petitioner, sign an already public policy.
prepared Joint Affidavit which stated, among other things: That we are no GONZAGA-REYES; July 28, 1999
longer interested to file a complaint, criminal or civil against the said 2. NO
driver and owner of the said Thames, because it was an accident and the NATURE
Ratio A duty to exercise extraordinary diligence in protecting the safety Appeal from the decision of the Regional Trial Court
said driver and owner of the said Thames have gone to the extent of of its passengers is imposed upon a common carrier. In case of death or
helping us to be treated upon our injuries. injuries to passengers, a statutory presumption arises that the common
- Despite this document, petitioner Gathalian filed with CFI La Union an FACTS
carrier was at fault or had acted negligently "unless it proves that it [had] - Rodrigo Mangahas alias Mang Rudy was accused of shooting and
action extra contractu to recover compensatory and moral damages. observed extraordinary diligence as prescribed in A1733 and A1755. To
Respondents defense was that vehicular mishap was due to force killing Rufino Gestala.
overcome this presumption, the common carrier must slow to the court - Different witnesses came forward for the prosecution Police Captain
majeure, and that petitioner had already been paid and moreover had that it had exercised extraordinary diligence to prevent the injuries. The
waived any right to institute any action against him and his driver, when Florante Baltazar, the medico-legal officer at the PC-INP, QC testified
standard of extraordinary diligence imposed upon common carriers is about the post-mortem examination saying the victim sustained 3
Gatchalian signed the Joint Affidavit. considerably more demanding than the standard of ordinary. gunshot wounds. He estimated the distance between the assailant and
Reasoning the victim at more than 24 inches. Diosdado Padios, said that while the
torts & damages A2010 - 129 - prof. casis

two were drinking, he saw Mangahas suddenly shoot Rufino Gestala, to the situation when the life of his best friend was in imminent danger. It
who was then seated less than one meter away from the former while he ISSUES is likewise strange why Renato Panoso should place and leave the gun
himself, was one meter away from the two when the incident occurred. 1. WON trial court erred in concluding that herein accused-appellant on the pasimano and then continued drinking beer while the transaction
Renato Panoso the best friend of Gestala said they had been conversing failed to prove any basic element of self-defense on the gun has already been through.
for about four (4) minutes when Rudy Mangahas arrived and offered a 2. WON treachery can be appreciated to qualify the crime into murder - Another doubt on the testimonies of the accused and his witness Nestor
beer to each of them. They had been drinking for only a short time when 3. What is the correct amount for the indemnity dela Rosa lies on their claims that the accused fired his gun only once.
the accused suddenly approached Rufino Gestala, pulled out a gun and The victim sustained 3 gunshot wounds of separate and different entries
shot him. After the shooting and upon seeing Gestala bloodied and HELD and exits on his body. For a single shot to produce those wounds is
clutching his chest, the witness ran away in the direction of his house and 1. NO highly irreconcilable. Further, the accused claimed as he demonstrated
reported the matter to his uncle. - The Court has almost invariably ruled that the matter of assigning value in open Court, that while he was standing he pointed his gun towards the
he saw witness Diosdado Padios but the latter did not drink beer nor was to the declaration of witnesses is best done by trial courts which, unlike victim at the level of his (accuseds) chest. The accused and the victim
he offered one as he was just passing by. Trinidad Balatbat, was likewise appellate courts, can assess such testimony in the light of the demeanor, were of the same height. If the accused fired his gun in the position
presented and she testified mainly on the expenses their family incurred conduct and attitude of the witnesses at the trial stage and thus, unless demonstrated, the wounds would be through and through straight at the
as a result of the death of the victim. cogent reasons are shown, the findings of the trial court are accorded level of the chest from the point of entry to the point of exit. The 2
- Mangahas admitted that he shot the victim but alleged that the killing great respect and credit. gunshot wounds of the victim were through and through from his chest
was done in self-defense. Mangahas narrated that on his way home - Accuseds defense is devoid of merit. At first, accused put up the towards the lower exit at his back, indicating that the position of the
from work to check up on his lunch. When he was near the sari-sari store defense of alibi when the instant case was being investigated by the accused was higher than that of the victims when the fatal shots were
of Tiangco, he was called by Renato Panoso who was then talking with Office of the Provincial Prosecutor of Bulacan. Then, he sets up self- fired. In other words, the allege position of the accused is inconsistent
the victim Gestala. Gestala was then sitting on the pasimano in front of defense at the trial on the merits of the case. These two defenses are with the location and direction of the wounds. It is rather consistent with
the store while Renato Panoso was standing on the other side. When he incompatible with each other. They do not at all provide shield to the the established facts that the accused was standing when he shot the
approached them, Panoso got a gun from behind his waist, showed it to accused to ward off the commission of the crime charged against him. victim who was then sitting and facing him.
the accused and offered it to him saying, Bilihin mo na lang ito, mahusay Setting up such contradictory defenses will lead to the conclusion that the - By the same token, the corroborating testimony of defense witness
ito, to which the accused replied, mahirap yan. Gestala, who was accused is confused of what defense is for real. This being so, Nestor dela Rosa likewise lacks credence. The fact that he could not
standing about one (1) meter away from them suddenly raised his voice accuseds testimony is wanting of credence at the outset. When accused identify or name the person who pointed a gun to the accused and
and said, Putang-ina mo mahusay naman yong isinasanla namin sa iyo finally he adopts self-defense saying that the victim pulled out a gun from squeezed its trigger once but misfired and other persons in the group,
bat ayaw mong tanggapin? In order to pacify them, he offered them his right side then poked it to the accused, squeezed its trigger once but even as he has already discussed the incident with the accused,
bottles of beer. After they had consumed one-half of the bottles of beer, misfired. Reacting to the situation, accused picked up the gun from the indicates that he was not an eye witness to the incident.
Gestala, who was then about two meters away from him, said, Putang- pasimano of the store, fired it once to the victim and then ran away from - It is doctrinal that the assessment of the credibility of the witnesses is
ina mo bat ayaw mong tanggapin yon ay mahusay naman. Immediately the scene of the incident. Analyzing the testimony of the accused, the left largely to the trial court because of its opportunity, unavailable to the
thereafter, Gestala pulled out a gun from the right side of his body, poked inevitable conclusion would be that such testimony is unreasonable and appellate court, to see witnesses on the stand and determine by their
it at him and squeezed the trigger. The gun did not fire however. The improbable. If the victim really intended to kill the accused, it is natural conduct and demeanor whether they are testifying truthfully or are simply
accused then moved away from Gestala towards the pasimano of the for him, under the situation, to squeeze the trigger of his gun not only lying. The determination of credibility is the domain of the trail court, and
store and bumped Panoso. He was able to take hold of the gun which once if the first squeeze missed, but for several times until his gun fired the matter of assigning values to the testimonies of the witnesses is best
was on the pasimano of the store and he fired the same at Gestala. The or to pick up the gun on the pasimano of the store and use it instead in performed by it; thus the evaluation by the trial judge on the credibility of
accused stressed that he fired only once at Gestala as he was only shooting the accused. It is inconceivable also that the victim would have witnesses is well nigh conclusive on this Court.
defending himself and that he threw away the gun which he used right to kill the accused just because the latter refused to buy or accept as - Inconsistent defenses put up by the accused during the preliminary
after the incident. After he fired at Gestala, the latter, still carrying his pledge the gun Renato Panoso was offering to the accused. Incidentally, investigation and trial of the case as seen in the Sworn Statement and
gun, ran away towards the back portion of the store. He himself ran way the alleged gun of the victim was not presented in Court. Likewise the trial testimony, and again during the hearing for the MFR. He himself
after the shooting incident as he was confused and afraid of the group of unbelievable is the claim of the accused that he picked up the gun from by his own act of giving false testimony impeaches his own testimony
Gestala. When he had calmed down, he went to the barangay hall of the pasimano of the store then shot the victim. At the moment of the and the court is compelled to exclude it from all consideration.
Barangay Tungkong Mangga to surrender himself and explain his side incident, accused was facing the store and 1 meter, more or less, away - Another factor which contributes further to the doubtfulness of the
but nobody was there when he arrived. Upon returning to his house, he from the victim who was sitting on the said pasimano indicating that that veracity of the testimony of the accused and his witness Nestor dela
was told that the group of Panoso had been looking for him. Because of the victim was nearer to the gun on the pasimano than him. This being Rosa is their insistence that accused-appellant shot the victim only once.
this threat on his life, he left the place and went to his in-laws at Sta. so, the victim should have picked up the gun from the pasimano ahead As stated by the medico-legal officer in his direct examination, the victim
Maria, Bulacan. Nestor dela Rosa collaborated the accuseds account of of the accused or should have grappled for the gun taken by the accused sustained three (3) gunshot wounds with three (3) different exit and entry
the incident. after his gun misfired at first squeeze of the trigger. This should have points on different parts of the victims body. The presence of several
- SP03 Mario Fernandez who testified on the procedures undertaken by been the natural reaction of the victim when his life was placed in gunshot wounds on the body of the victim is physical evidence which
his police detachment in investigating the shooting of Rufino Gestala. imminent danger after his gun misfired. Moreover, it is strange why eloquently refutes accused-appellants allegation of self-defense. The
- The Court a sided with plaintiff. Defendant filed an MFR which was Renato Panoso a best friend of the victim and who was much nearer to location, number and gravity of the wounds of the victim belie appellants
denied. the gun on the pasimano than the accused and the victim did not react pretension that he acted in self-defense.
torts & damages A2010 - 130 - prof. casis

- A final indication of appellants guilt is his flight after shooting. His claim Disposition the appealed decision of the Regional Trial Court is hereby - Art. 2231 provides that exemplary damages may be recovered in cases
that he fled because of the threats allegedly made by the victims friends MODIFIED, and the accused-appellant is found GUILTY OF HOMICIDE involving quasi-delicts if the defendant acted with gross negligence. In
and relatives is not sufficient reason for him not to surrender to the police and sentenced to an indeterminate penalty of eight (8) years and one (1) this case, petitioners driver Joson, Jr. was grossly negligent in driving at
since the latter could have adequately protected him if there were really day of prision mayor, as minimum, to fourteen (14) years and eight (8) such a high speed and overtaking another vehicle. He did not even help
threats to his life. Indeed, flight strongly indicates a guilty mind and months and one (1) day of reclusion temporal, as maximum. Accused- the victim. The amount of exemplary damages is proper
betrays the existence of a guilty conscience.[58] appellant is further ordered to pay the heirs of the victim the death Disposition Decision affirmed with modification
2. NO, there is no convincing evidence supports such a finding. indemnity of P50,000.00; and actual damages of P21,875.00.
- The eyewitnesses accounts were unclear in details, and cannot fairly QUIRANTE V IAC
deduce that the means of execution of the crime used by accused- VICTORY LINER V HEIRS OF ANDRES MALECDAN REGALADO; January 31, 1989
appellant were deliberately or consciously adopted or that the person
MENDOZA; December 27, 2002
attacked had no opportunity to defend himself or retaliate. The only proof
that the attack was treacherous is their bare testimonies that the NATURE
accused-appellant suddenly shot the victim. However, there is no NATURE Appeal by certiorari seeking to set aside the judgment of the IAC which
treachery where there is no evidence proving that the accused Petition for review of the decision of the Court of Appeals found the petition for certiorari therein meritorious
consciously and deliberately adopted his mode of attack to insure
execution without risk to himself - mere suddenness of attack would not, FACTS FACTS
by itself, constitute treachery. In fact, the circumstances surrounding the - Andres Malecdan, a 75 yr old farmer, was crossing the National - Dr. Indalecio Casasola (father of respondents) had a contract with a
case belie the trial courts finding that treachery was present. The Highway. A Dalin bus stopped to allow him to pass. However, a bus of building contractor named Norman GUERRERO. The Philippine
shooting occurred in broad daylight. The victim was openly conversing the petitioner overtook the Dalin bus and his Malecdan. Malecdan died. American General Insurance Co. Inc. (PHILAMGEN, for short) acted as
with accused-appellant for several minutes before the incident. The - A suit was brought for damages against the bus company. Judgment bondsman for GUERRERO. In view of GUERRERO'S failure to perform
victim himself was with his best friend who could have come to his aid at was rendered in favor of the heirs of Malecdan. The court awarded them: his part of the contract within the period specified, Dr. Indalecio
anytime. Verily, if accused-appellant wanted to insure that no risk would a. P50,000.00 as death indemnity; Casasola, thru his counsel, Atty. John Quirante, sued both GUERRERO
come to him, he could have chosen another time and place to shoot the b. P88,339.00 for actual damages; and PHILAMGEN before the CFI of Manila for damages, with
victim. The evidence then for the prosecution had established beyond c. P200,000.00 for moral damages; PHILAMGEN filing a cross-claim against GUERRERO for
reasonable doubt the guilt of the accused for the crime of homicide only, d. P50,000.00 as exemplary damages; indemnification.
not murder. The penalty imposed for homicide in Article 249 of the e. Thirty percent (30%) as attorneys fees of whatever amount that can - The CFI ruled in favor of the plaintiff by rescinding the contract; ordering
Revised Penal Code is reclusion temporal. be collected by the plaintiff; and GUERRERO and PHILAMGEN to pay the plaintiff actual, moral, and
3. In conformity with prevailing jurisprudence, the trial court correctly f. The costs of the suit. exemplary damages and attorney's fees; ordering Guerrero alone to pay
awarded the amount of P50,000.00 as death indemnity to the heirs of the liquidated damages of P300.00 a day from December 15, 1978 to July
deceased. With respect to the actual damages incurred by the relatives ISSUE 16, 1979; and ordering PHILAMGEN to pay the plaintiff the amount of the
of the deceased, we have previously held: WON the court erred in the amount of damages awarded surety bond equivalent to P120,000.00. In the meantime, on November
Of the expenses allegedly incurred, the Court can only give credence HELD 16, 1981, Dr. Casasola died leaving his widow and several children as
to those supported by receipt and which appear to have been YES survivors.
genuinely incurred in connection with the death, wake, or burial of the - To justify an award of actual damages, there should be proof of the - Herein petitioner Quirante filed a motion in the trial court for the
victim. Thus, the Court cannot take account of receipts showing actual amount of loss incurred in connection with the death, wake or confirmation of his attorney's fees. According to him, there was an oral
expenses incurred before the date of slaying of the victim; those burial of the victim. We cannot take into account receipts showing agreement between him and the late Dr. Casasola with regard to his
incurred after a considerable lapse of time from the burial of the victim expenses incurred some time after the burial of the victim, such as attorney's fees, which was allegedly confirmed in writing by the widow
and which do not have any relation to the death, wake, or burial of the expenses relating to the 9th day, 40th day and 1st year death and the two daughters of the deceased. The trial court granted the
victim; those incurred for purely aesthetic or social purposes, such as anniversaries. motion for confirmation despite an opposition thereto.
the lining of the tomb of the victim - The award of P200,000.00 for moral damages should likewise be
- Thus, from the evidence presented before the lower court, we affirm the reduced. The trial court found that the wife and children of the deceased ISSUE
award of P14,590.00 for funeral and burial expenses as these were underwent intense moral suffering as a result of the latters death. WON petitioner may claim his attorneys fees
properly supported by receipts and proven during the trial of the case. Under Art. 2206 of the Civil Code, the spouse, legitimate children and
However, we reduce the amount awarded as actual damages for food illegitimate descendants and ascendants of the deceased may demand HELD
served during the burial of the victim to P7,285.00 which cover only those moral damages for mental anguish by reason of the death of the NO
expenses incurred during the wake and vigil of the victim. The other deceased. Under the circumstances of this case an award of Ratio Since the main case from which the petitioner's claims for their
expenses relating to the 9th day, 40th day and 1st year death P100,000.00 would be in keeping with the purpose of the law in allowing fees may arise has not yet become final, the determination of the
anniversaries are deleted as these were incurred after a considerable moral damages. (they only prayed for 100k in the RTC, but RTC gave propriety of said fees and the amount thereof should be held in
lapse of time from the burial of the victim. them 200k) abeyance. This procedure gains added validity in the light of the rule that
- On the other hand, the award of P50,000.00 for indemnity is in the remedy for recovering attorney's fees as an incident of the main
accordance with current rulings of the Court. action may be availed of only when something is due to the client.
torts & damages A2010 - 131 - prof. casis

Reasoning hearing that it had been sold to Siy Cong Bieng & Co. went to the office he left his equipment in it; and that his patron stayed with the casco in
- Well settled is the rule that counsel's claim for attorney's fees may be of the latter in Manila, and asked for employment in the same capacity. Malabon during the time it was on the dock.
asserted either in the very action in which the services in question have - Cerrano, claiming that he was entitled to the possession of the casco - The sale to Siy Cong Bieng & Co. was a breach of contract between the
been rendered, or in a separate action. What is being claimed here as under his contract with Tan regardless of its sale to Siy Cong Bieng & Co. Cerrano and Tan.
attorney's fees by petitioners is, however, different from attorney's fees induced Santos to refuse to take orders from the new owners. Siy Cong 2. The period was for a monthly rental.
as an item of damages provided for under Article 2208 of the CC, Bieng & Co. was obliged to bring an action of replevin against Santos for Ratio The reasonable presumption that one who agrees to pay a monthly
wherein the award is made in favor of the litigant, not of his counsel, and the recovery of the possession of their casco. rent intends that his tenancy is to endure for a like period, subject to
the litigant, not his counsel, is the judgment creditor who may enforce the - After the casco had been in possession of Santos for three months, the indefinite tacit renewals at the end of each month as long as the
judgment for attorney's fees by execution. Here, the petitioner's claims replevin suit was submitted to the court for decision upon a written arrangement is agreeable to both parties.
are based on an alleged contract for professional services, with them as stipulation in which it was admitted that the casco was the property of Siy Reasoning
the creditors and the private respondents as the debtors. In filing the Cong Bieng & Co. at the time of the suit was commenced, and that the - When no definite agreement has been made regarding its duration, the
motion for confirmation of attorney's fees, petitioners chose to assert their "illegal detention" of the casco by Santos had caused damages to Siy lease of a house is deemed to have been made from day to day, from
claims in the same action. This is also a proper remedy under our Cong Bieng & Co. in the sum of P457.98. month to month, or from year to year, according to whether a daily,
jurisprudence. Nevertheless, we agree with the respondent court that the - Cerrano testified his average profit from other cascos rented by him was monthly, or yearly rent is to be paid.
confirmation of attorney's fees is premature. We take exception to and P60 a month for each casco (P600 for 10 months supposedly). 3. YES, there is liability for damages, and there is no mitigation of the
reject that portion of the decision of the respondent court which holds that Petitioners Claim liability.
the alleged confirmation to attorney's fees should not adversely affect the > It was agreed that he was to take the casco at the increased rental. Ratio Plaintiff is entitled to recover, as damages for the breach of the
non-signatories thereto, since it is also premised on the eventual grant of > A contract for the rental of a casco, when made by the owner, is contract by the defendant, the profit which he would have been able to
damages to the Casasola family, hence the same objection of deemed in the absence of an express stipulation to the contrary, to run make had the contract been performed. HOWEVER, It is a well-
prematurity obtains and such a holding may be pre-emptive of factual from the date of the contract until the casco has to be docked for its recognized principle of law that damages resulting from avoidable
and evidentiary matters that may be presented for consideration by the annual overhauling and repair (ten months). consequences of the breach of a contract or other legal duty are not
trial court. Defendants Comments recoverable. It is the duty of one injured by the unlawful act of another to
Disposition The decision of the respondent court is hereby AFFIRMED. > His offer to lease it at the higher rate was never accepted. take such measures as prudent men usually take under such
> In the absence of an express stipulation regarding the duration of the circumstances to reduce the damages as much as possible.
CRISMINA GARMENTS V CA hire, duration is deemed to be from month to month when a monthly Reasoning
rental is agreed upon. - By selling the casco to Siy Cong Bieng & Co. Tan broke his contract
> Cerranos claim of P60 profit does not furnish the proper measure of with Cerrano and is responsible for the damages caused by his failure to
CERRANO V TAN damages, and that plaintiff's right is limited to the recovery of the give plaintiff possession of the casco for the term of one month.
38 Phil 392 difference between the contract price at which the casco was hired by - Article 1106 of the Civil Code establishes the rule that prospective
FISHER; August 1, 1918 him and such higher rate as he might have been compelled to pay for the profits may be recovered as damages, while article 1107 of the same
hire of a similar casco in the open market to take its place. Code provides that the damages recoverable for the breach of
NATURE > It Cerranos responsibility to rent another casco seeing that the one obligations not originating in fraud (dolo) are those which were or might
An action by plaintiff for damages alleged to have been caused by the owned by Tan was already sold to Siy Cong Bieng & Co. (thus mitigating have been foreseen at the time the contract was entered into.
breach of a contract for the hiring of a casco. his liability to pay damages). - The injured party must produce the best evidence of which his case is
susceptible and if that evidence warrants the inference that he has been
FACTS ISSUES damaged by the loss of profits which he might with reasonable certainty
- During the month of January, 1916, Tan (defendant), who was then the 1. WON it was agreed between the plaintiff and defendant that the casco have anticipated but for the defendant's wrongful act, he is entitled to
owner of casco No. 1033, rented it to Cerrano (plaintiff) at a monthly was to be leased to the former again after it had been repaired recover.
rental of P70. Delivery was made in Manila. 2. What is the duration of the term - It is equally well-settled, however, that the burden of proof rests upon
- Some time during the month of May, 1916, the Tan notified Cerrano that 3. WON there is liability for damages, and to what extent (mitigation of the defendant to show that the plaintiff might have reduced the damages.
in the following month it would be necessary to send the casco to liability) In this case the defendant has made no effort whatever to show that any
Malabon for repairs. Cerrano then informed Tan that he would like to rent other similar cascos were in fact available to plaintiff, or the price at which
the casco again after the repairs had been completed. Defendant HELD he would have been able to obtain the use of one. In the absence of
indicated that he was willing to rent it, but would expect P80 a month for 1. YES, there was an agreement for the subsequent rental. evidence it will not be presumed that plaintiff could have secured another
it. Reasoning casco at the same price had he looked for one.
- There was no agreement between the parties concerning the length of - It was understood between the parties that Cerrano was to have it again Disposition It is decreed that Cerrano recover from Tan P50 as
time for which the hire of the casco was to continue. at the increased rental as soon as the contemplated repairs had been damages, and his costs in the Court of First Instance.
- One week before the end of the repair period Tan sold the casco to Siy completed. That such was the understanding is shown by the fact that
Cong Bieng & Co. J. Santos, the man who had been employed by plaintiff paid for the towage of the casco to the dry dock at Malabon; that KIERULF V CA (PANTRANCO NORTH EXPRESS)
Cerrnao as patron of the casco while it was in his possession, upon 269 SCRA 433
torts & damages A2010 - 132 - prof. casis

PANGANIBAN; March 13, 1997 date of RTC


decision until
subjected to contemptuous conduct despite the offender's knowledge of
actual payment
his or her social and financial standing.
FACTS - But, it is still proper to award moral damages to Lucila for her physical
- About 7:45 pm, 28 Feb 1987: a Pantranco bus was traveling along ISSUES sufferings, mental anguish, fright, serious anxiety and wounded
EDSA from Congressional Avenue towards Clover Leaf, How much moral, exemplary and actual damages are victims of vehicular feelings. She sustained multiple injuries on the scalp, limbs and
Balintawak. Before it reached the corner of Oliveros Drive, the driver lost accidents entitled to? ribs. She lost all her teeth. She had to undergo several corrective
control of the bus, causing it to swerve to the left, and then to fly over the 1. WON the bus driver was negligent and such negligence (and not a operations and treatments. She suffered sleepless nights and shock as a
center island occupying the east-bound lane of EDSA. The front of the fortuitous event) was the proximate cause of the accident consequence of the vehicular accident. And it has taken 10yrs to
bus bumped the front portion of an Isuzu pickup driven by Porfirio 2. WON Victors claim for deprivation of the right to marital consortium as prosecute the complaint and this appeal!
Legaspi, which was moving along Congressional Avenue heading a factor for the award of moral damages is proper 4. YES
towards Roosevelt Avenue. 3. WON social and financial standing of Lucila can be considered in - in view of CAs finding of gross negligence on the part of Pantranco:
- As a result, the points of contact of both vehicles were damaged and awarding moral damages "Public utility operators like the defendant, have made a mockery of our
physical injuries were inflicted on Legaspi and his passenger Lucila 4. WON exemplary damages should be awarded laws, rules and regulations governing operations of motor vehicles and
Kierulf. The bus also hit and injured a pedestrian who was then crossing 5. WON loss of earnings may be a component of damages in this case have ignored either deliberately or through negligent disregard of their
EDSA. 6. WON the 10% reduction of the estimated actual damages on the duties to exercise extraordinary degree of diligence for the safety of the
- Despite the impact, said bus continued to move forward and its front pickup was proper travelling public and their passengers."
portion rammed against a Caltex gasoline station, damaging its building - Batangas Transportation Company vs. Caguimbal: "it is high time to
and gasoline dispensing equipment. impress effectively upon public utility operators the nature and extent of
- As a consequence of the incident, Lucila suffered injuries which HELD their responsibility in respect of the safety of their passengers and their
required major surgeries and prolonged treatment by specialists. Legaspi 1. Negligence and proximate cause are factual issues which SC can not duty to exercise greater care in the selection of drivers and conductors."
also suffered injuries. The front portion of the pickup truck, owned by pass upon in the absence of conflict between the findings of the trial court - Exemplary damages are designed to permit the courts to mould
Spouses Kierulf was smashed to pieces. (cost of repair estimated at and the CA. behavior that has socially deleterious consequences, and its imposition is
P107,583.50.) 2. NO required by public policy to suppress the wanton acts of an offender.
- The victims of the vehicular mishap pray for an increase in the award of - For lack of factual basis, such claim of deprivation of the right to However, it cannot be recovered as a matter of right. It is based entirely
damages, over and above those granted by the appellate court. Victor, consortium cannot be ruled upon by this Court at this time. on the discretion of the court.
husband of Lucila, claims compensation/damages for the loss of his right - Petitioners cited a California case, Rodriguez vs. Bethlehem Steel 5. For Lucila, NO.
to marital consortium which, according to him, has been diminished due Corporation, as authority for the claim of damages by reason of loss of - CA already considered this when it stated that the award of P25k
to the disfigurement suffered by his wife. marital consortium, i.e. loss of conjugal fellowship and sexual relations. In included compensation for "mental anguish and emotional strain of not
- Pantranco asks for exoneration by invoking an alleged fortuitous event the Rodriguez case20, it was ruled that when a person is injured to the earning anything with a family to support."
as the cause of the mishap. They say that while bus driven by Jose extent that he/she is no longer capable of giving love, affection, comfort - Lucila's claim of loss of earning capacity has not been duly proven with
Malanum was cruising along EDSA, a used engine differential and sexual relations to his or her spouse, that spouse has suffered a ITRs. The alleged loss must be established by factual evidence for it
accidentally and suddenly dropped from a junk truck in front of the direct and real personal loss. The loss is immediate and consequential partakes of actual damages. A party is entitled to adequate
bus. Said differential hit the underchassis of the bus, throwing Malanum rather than remote and unforeseeable; it is personal to the spouse and compensation for such pecuniary loss actually suffered and duly
off his seat and making him lose control of said bus. The bus swerved to separate and distinct from that of the injured person. proved. Such damages, to be recoverable, must not only be capable of
the left, hit the center island, and bumped the pickup of the spouses. - Whether Rodriguez may be cited as authority to support the award of proof, but must actually be shown with a reasonable degree of certainty.
RTC CA request SC moral damages to Victor &/or Lucila Kierulf for "loss of consortium" - For Legaspi, YES. Pantranco failed to rebut the claim of Legaspi that he
LUCILA + amt for cannot be properly considered in this case. Victor's claim, although had been incapacitated for 10 months and that during said period he did
Actual 174,100.77 241,861.81 lost income 241,861.81 argued before CA, is not supported by the evidence on record. not have any income.
Moral 100,00.00 200,000.00 1 Million 400,000.00 3. NO 6. YES
- The social and financial standing of a claimant of moral damages may - SC takes judicial notice of the propensity of motor repair shops to
Exemplary 10,00.00 100,000.00 500,000.00 200,000.00
be considered in awarding moral damages only if he or she was exaggerate their estimates. An estimate is not an actual expense
VICTOR
incurred or to be incurred in the repair. The reduction made by
Actual 96,825.15 96,825.15 107,583.50 96,825.15
respondent court is reasonable considering that in this instance such
LEGASPI estimate was secured by the complainants themselves.
Actual 6,328.18 6,328.18 16,000.00 20Rodriguez Epilogue
involved a couple in their early 20s, who were married for only 16 months and full of
Moral 10,000.00 25,000.00 100,000.00 50,000.00 dreams of building a family of their own, when the husband was struck and almost paralyzed by a - In order that moral damages may be awarded, there must be pleading
Exemplary 50,000.00 50,000.00 falling 600-pound pipe. The wife testified how her life had deteriorated because her husband
and proof of moral suffering, mental anguish, fright and the like. While no
became a lifelong invalid, confined to the home, bedridden and in constant need of assistance for
attys fees 25,000.00 50,000.00 50,000.00 his bodily functions; and how her social, recreational and sexual life had been severely proof of pecuniary loss is necessary in order that moral damages may be
costs YES YES restricted. It also deprived her of the chance to bear their children. As a constant witness to her awarded, the amount of indemnity being left to the discretion of the court,
+ interest +6% legal husband's pain, mental anguish and frustration, she was always nervous, tense, depressed and
interest from had trouble sleeping, eating and concentrating. Thus, the California court awarded her damages it is nevertheless essential that the claimant should satisfactorily show
for loss of consortium.
torts & damages A2010 - 133 - prof. casis

the existence of the factual basis of damages and its causal connection ISSUE condition. It cannot, therefore, be said that the herein petitioners had
to defendant's acts. WON the Visayan Sawmill can be compelled to honor the agreement acted fraudulently and in bad faith or in a wanton, reckless, oppressive or
- Moral damages, though incapable of pecuniary estimation, are in the malevolent manner. What this Court stated in Inhelder Corp. vs. Court of
category of an award designed to compensate the claimant for actual HELD Appeals 18 needs to be stressed anew:
injury suffered and not to impose a penalty on the wrongdoer. NO At this juncture, it may not be amiss to remind Trial Courts to
-Francisco vs. GSIS: there must be clear testimony on the anguish and - There was only a contract to sell, not a contract of sale. The petitioner guard against the award of exhorbitant (sic) damages that are way out
other forms of mental suffering. corporation's obligation to sell is unequivocally subject to a positive of proportion to the environmental circumstances of a case and which,
- Cocoland Devt Corp vs. NLRC: additional facts must be pleaded and suspensive condition, i.e., the private respondent's opening, making or time and again, this Court has reduced or eliminated. Judicial
proven to warrant the grant of moral damages under the Civil Code, indorsing of an irrevocable and unconditional letter of credit. The former discretion granted to the Courts in the assessment of damages must
these being, social humiliation, wounded feelings, grave anxiety, etc., agreed to deliver the scrap iron only upon payment of the purchase price always be exercised with balanced restraint and measured
that resulted therefrom. by means of an irrevocable and unconditional letter of credit. Otherwise objectivity.
- Moral damages are awarded to enable the injured party to obtain stated, the contract is not one of sale where the buyer acquired - For, indeed, moral damages are emphatically not intended to enrich a
means, diversions or amusements that will serve to alleviate the moral ownership over the property subject to the resolutory condition that the complainant at the expense of the defendant. They are awarded only to
suffering he/she has undergone, by reason of the defendant's culpable purchase price would be paid after delivery. Thus, there was to be no enable the injured party to obtain means, diversion or amusements that
action. actual sale until the opening, making or indorsing of the irrevocable and will serve to obviate the moral suffering he has undergone, by reason of
- Its award is aimed at restoration, as much as possible, of the spiritual unconditional letter of credit. Since what obtains in the case at bar is a the defendant's culpable action. Its award is aimed at the restoration,
status quo ante; thus, it must be proportionate to the suffering inflicted. mere promise to sell, the failure of the private respondent to comply with within the limits of the possible, of the spiritual status quo ante, and it
- There is no hard and fast rule in determining the proper amount. The the positive suspensive condition cannot even be considered a breach must be proportional to the suffering inflicted.
yardstick: amount awarded should not be so palpably and scandalously casual or serious but simply an event that prevented the obligation of Disposition Petition granted
excessive as to indicate that it was the result of passion, prejudice or petitioner corporation to convey title from acquiring binding force.
corruption on the part of the trial judge. Neither should it be so little or so - In the instant case, not only did the private respondent fail to open,
COMPAIA MARITIMA V ALLIED FREE WORKERS
paltry that it rubs salt to the injury already inflicted on plaintiffs. make or indorse an irrevocable and unconditional letter of credit on or
before 15 May 1983 despite his earlier representation in his 24 May 1983 UNION
VISAYAN SAWMILL V CA telegram that he had opened one on 12 May 1983, the letter of advice 77 SCRA 24
received by the petitioner corporation on 26 May 1983 from the Bank of AQUINO; May 24, 1977
219 SCRA 378
the Philippine Islands Dumaguete City branch explicitly makes reference
CALLEJO; January 17, 2005 to the opening on that date of a letter of credit in favor of petitioner Ang FACTS
Tay c/o Visayan Sawmill Co. Inc., drawn without recourse on ARMACO- - Since the onset in 1954 of litigation between the parties herein, this is
NATURE MARSTEEL ALLOY CORPORATION and set to expire on 24 July 1983, the fifth case between them that has been elevated to the Court
Petition for certiorari which is indisputably not in accordance with the stipulation in the contract - The trial court awarded to the company of P450,000 as damages.
signed by the parties on at least three (3) counts: (1) it was not opened, - The appellants contend that the trial court erred in awarding to the
FACTS made or indorsed by the private respondent, but by a corporation which company actual damages, amounting to P450,000, moral damages, of
- ON may 1, 1983, Visayan Sawmill and RJH trading entered into a sale is not a party to the contract; (2) it was not opened with the bank agreed P50,000 and attorney's Considering of P20,000, and in holding that the
of scrap iron located at the formers stockyard, subject to the condition upon; and (3) it is not irrevocable and unconditional, for it is without four officers of the union are solidarily liable for the said damages.
that RJH will open a letter of credit in favor of Visayan in the amount of recourse, it is set to expire on a specific date and it stipulates certain - Appellants' counsel assailed the award of actual damages, on the
P250,000. conditions with respect to shipment. In all probability, private respondent ground that the auditors' reports, on which they were based, were
- Respondentfs men started digging and gather scrap iron in petitioners may have sold the subject scrap iron to ARMACO-MARSTEEL ALLOY hearsay.
premises. On may 30, they were asked to stop by the plaintiff in view of CORPORATION, or otherwise assigned to it the contract with the
an alleged case filed against respondent by a certain Albert Pursuelo. petitioners. Private respondent's complaint fails to disclose the sudden ISSUE
This is howver denied by the petitioner who alleges that on May 23, entry into the picture of this corporation. WON the appellants assignment of error meritorious
1983, they sent a telegram to respondent cancelling the contract of sale - In relation to the outline, not really an issue in this case:
because of failure of the latter to comply with the conditions thereof. This Court notes the palpably excessive and unconscionable moral and HELD
- On may 24, respondent informed petitioner that the letter of credit was exemplary damages awarded by the trial court to the private respondent YES
opened on may 12, 1983 but then the transmittal was delayed. despite a clear absence of any legal and factual basis therefor. In - The appellants assignment of error is meritorious, the Court found after
- On may 26, the bank sent a letter to petitioner informing that the letter of contracts, such as in the instant case, moral damages may be recovered analyzing the nature of the damages, awarded, how the same were
credit was opened in their favor. if defendants acted fraudulently and in bad faith, 16 while exemplary computed, and the trustworthiness of the company's evidence
- On july 19, respondent sent a series of telegrams stating that the case damages may only be awarded if defendants acted in a wanton, - On the basis of the reports of the two accountants, the damages,
against him has been dismissed and demanding that petitioner comply fraudulent, reckless, oppressive or malevolent manner. 17 In the instant claimed by the complaint as a matter of simple addition, does not reach
with the contract. Respondent filed a complaint against petitioner. RTC case, the refusal of the petitioners to deliver the scrap iron was founded the sum of P 450,000 fixed by the trial court. The damages, shown in the
and CA ruled in favor of respondent. (+P100,000 moral damages) on the non-fulfillment by the private respondent of a suspensive accountants' reports and in the statement made by the consignees. chief
torts & damages A2010 - 134 - prof. casis

clerk (who did not testify) amount to P349,245.37, or much less than > The next day, Miranda-Ribaya went back to see Bautista to request HELD
P450,000. him to break up the P110,000 cheque into smaller amounts. She had YES
- The company argues that the accountants' reports are admissible in to share some of the money with Miss Gisioco who owned some of Ratio In order that moral damages may be awarded, there must be
evidence because of the rule that "when the original consists of the jewelry sold. She was then issued 4 Bank of America cheques pleading and proof of moral suffering, mental anguish fright and the like.
numerous accounts or other documents which cannot be examined in with the following amounts: P14,000, P84,000, P12,000 and P50,000. There must be clear testimony on the mental anguish, serious anxiety,
court without great loss-of time and the fact sought to be established from - April 24, 1968 Miranda-Ribaya sold four pieces of jewelry to Bautista wounded feelings and similar injuries. Plaintiff must testify to his said
them is oth the general result of the whole", the original writings need not for P94,000 in Bautistas office. She was then issued four Bank of injury and this should not merely be inferred from certain proven facts.
be produced (Sec. 2[e], Rule 130, Rules of Court). America checks amounting to the total price of the pieces of jewelry. She Reasoning
- That rule cannot be applied in this case because the voluminous again issued another voucher as proof of payment. - In her testimony, Miranda-Ribaya established that due to respondents'
character of the records, on which the accountants' reports were based, - The original owners of some of the jewelry sold by Miranda-Ribaya deceitful and malevolent acts of defraudation, she had suffered "extreme
was not duly established. wanted to have them back so Miranda-Ribaya went to Bautistas house. - anguish (without using the word anguish) and "could not sleep for three
- It is also a requisite for the application of the rule that the records and She brought with her three pieces of jewelry to be offered in exchange for months," since she was forced to close her pawnshop, sell some of her
accounts should be made accessible to the adverse party so that the some of the jewelry she wanted to take back. Since his wife and personal jewelry and borrow money in order to pay off the owners of the
company, of the summary may be tested on cross-examination daughter were not home, Bautista requested Miranda-Ribaya to leave the jewelry wrongfully acquired by respondents from her.
- What applies to this case is the general rule "that an audit made by, or jewelry with him so he could show the jewelry to his wife and daughter - Even if Miranda-Ribaya failed to use the precise legal terms, it is
the testimony of, a private auditor, is inadmissible in evidence as proof of first. sufficient that these exact terms have been pleaded in the complaint and
the original records, books of accounts, reports or the like". - Bautista did not return the jewelry but instead sent Miranda-Ribaya a evidence has been adduced, as cited above, amply supporting the
- That general rule cannot be relaxed in this case because the company P45,000 cheque as payment for the three pieces of jewelry she left with averments of the complaint.
failed to make a preliminary showing as to the difficulty or impossibility him. She also heard that these pieces of jewelry were given away by - Having established the moral damages, petitioners are also entitled to
attending the production of the records in court and their examination and Bautista as gifts. exemplary damages. The wantonness and malevolence through which
analysis as evidence by the court. - Miranda-Ribaya tried to contact Bautista when the post-dated checks respondents defrauded petitioners, deceitfully incurring and then evading
Disposition The trial court's judgment declaring the arrastre and neared their maturity date but she was unable to do so. Worse, when settlement of their just liability certainly justifies the award of exemplary
stevedoring contract terminated, permanently enjoining the union and its she deposited the cheques, the bank dishonored them because the damages by way of example and correction for the public good and also
officials from performing arrastre and stevedoring work for the vessels of accounts were closed. to serve as a deterrent to the commission of similar misdeeds by others,
the Compaia Maritima, and dismissing defendants' counterclaim was - Following a hunch acquired from years of experience as a pawnshop even if the transaction were viewed as a breach of civil contract.
affirmed. dealer, Miranda-Ribaya ran a check on the different pawnshops in Manila Disposition the decision of respondent court insofar as it denies
The lower court's award of damages, was reversed and set aside. No and discovered that most of the jewelry she had sold to Bautista were petitioners' claim for damages is hereby set aside. In addition to the
costs. pledged to different pawnshops. amounts awarded in the affirmed judgment of the lower court, petitioners
- Bautista promised to settle his obligations with Miranda-Ribaya but was are further awarded moral and exemplary damages equivalent to twenty-
unable to do so despite repeated demands. He eventually surrendered five per cent (25%) of the principal sum of P125,460.79 adjudged in their
the pawnshop tickets to Miranda-Ribaya who was then able to regain favor by the lower court.
MIRANDA-RIBAYA V BAUTISTA possession of the pawned pieces of jewelry. She recomputed Bautistas
95 SCRA 672 obligations and found that he owed her P125,460.79, not including the DEL ROSARIO V CA (METAL FORMING CORP)
TEEHANKEE; January 28, 1980 amount she had given to Gisioco.
NARVASA; January 29, 1997
- The trial court rendered judgment in favor of Miranda-Ribaya but did not
award damages to her for insufficiency of evidence.
FACTS FACTS
- Mrs. Niceta Miranda-Ribaya was engaged in the pawnshop business in - The Del Rosarios' charged Metal Forming Corp (MFC) with a violation
Respondents Comments:
1968 and in the buying and selling of jewelry. of Section 3 of Act No. 3740, "An Act to Penalize Fraudulent Advertising,
> Bautista claimed he had acted "in utmost good faith" and that damages
- Sometime before April 23, 1968 Josefine Roco Robles, one of her Mislabeling or Misbranding of Any Product, Stocks, Bonds, etc.
in any concept could not be assessed against them
agents, informed her that millionaire logger Marino Bautista was - MFC sold to the public roofing materials known as "Banawe" shingles
> Neither did the appellate court look favorably upon Miranda-Ribayas
interested to buy big diamond stones. Miranda-Ribaya went to visit which they advertised to be structurally safe and strong. Del Rosarios
claim for damages, saying that petitioner did not mention mental anguish,
Bautista and at the sight of his huge house, she became convinced that purchased a quantity and had installed in their house. However when
serious anxiety, wounded feelings and moral shock in her testimony.
he indeed was as rich as Josefina had portrayed him to be. typhoon Ruping came, portions of the roof were blown away by strong
Neither could exemplary damages be awarded because these damages
> Miranda-Ribaya then offend to sell to the Bautista ten pieces of winds and this also led to the damage of the interior of their home.
cannot be recovered as a matter of right and the appellate court was not
jewelry for the total amount of P224,000. After some haggling (But I - The spouses sought to recover from MFC, damages resulting from the
prepared to disturb the lower court's exercise of discretion in this regard.
thought they were rich!), Miranda-Ribaya settled for P222,000 (Para events, contending that aside from the destruction of the roof of their
naman two thousand lang!). house, injury was also caused to its electrical wiring, ceiling, furtures,
ISSUE
> Miranda-Ribaya was paid through two Equitable PCI cheques, one walls, wall paper, wood parquet flooring and furniture. The plaintiffs
WON the award of moral and exemplary damages is proper
for P112,000 and the other for P110,000. In return, she issued a reckoned their actual damages at P1,008,003.00 "representing the
voucher as evidence of payment. estimated cost of the repair, restoration and/or replacement of the
torts & damages A2010 - 135 - prof. casis

damaged areas and items in plaintiffs' house and the cost of the defendant's culpable action. (RNB Surety and Ins. Co. v. IAC, G.R No. "this failure . . . has the effect of admitting hypothetically that they
inspection conducted by the independent adjuster..." They also prayed 64515, June 22, 1984, 129 SCRA 745)." operated . . . the said car without proper license . . . when the accident
for an award to them of moral damages in the sum of P3,000,000,00, - This Court also agrees with the Trial Court occurred,"
exemplary damages in the amount of P1,000,000.00, and attorney's fees - However, the same statutory and jurisprudential standards just "unless there is proof to the contrary, it is presumed that a person
in the sum of P1,000,000.00. mentioned dictate reduction of the amounts of moral and exemplary driving a motor vehicle has been negligent if at the time of the mishap,
damages fixed by the Trial Court. the moral damages awarded must he was violating any traffic regulation (article 2185 CC)."
ISSUE be commensurate with the loss or injury suffered. - The defendants appealed to CA, which certified the case to SC because
WON the Del Rosario spouses are entitled to moral damages the issues raised are purely of law.
RAAGAS v TRAYA - NOTE: Section 10 of Rule 35 of the old Rules of Court authorized a
HELD judgment on the pleadings where an answer fails to tender an issue, or
22 SCRA 839
YES otherwise admits the material allegations of the adverse partys
- That MFC did in truth act with bad faith, in flagrant breach of its CASTRO; Feb 27, 1968 pleading.
express warranties made to the general public and in wanton
disregard of the rights of the Del Rosarios who relied on those FACTS ISSUE
warranties, is adequately demonstrated by the recorded proofs. The - spouses Raagas filed a complaint with the CFI Leyte against spouses WON the court a quo acted correctly when it rendered judgment on the
law explicitly authorizes the award of moral damages "in breaches Traya and Bienvenido Canciller. pleadings
of contract where the defendant acted fraudulently or in bad faith." - Complaint alleges that on or about April 9, 1958, while Canciller was
There being, moreover, satisfactory evidence of the psychological "recklessly" driving a truck owned by the Traya spouses, the vehicle ran HELD
and mental trauma actually suffered by the Del Rosarios, the grant over the Raagas' three-year old son Regino, causing his instantaneous YES
to them of moral damages is warranted. Over a period of about a death. - The plaintiffs' claim for actual, moral, nominal and corrective damages,
month. they experienced "feelings of shock, helplessness, fear, Defendants Comments was controverted by the averment in the answer to the effect that the
embarrassment and anger." > They specifically deny that Canciller was "driving recklessly" at the time defendants "have no knowledge or information sufficient to form a belief
- As declared by this Court in Makabili v. Court of Appeals, among other of the mishap, and assert that the truck "was fully loaded and was as to the truth of the allegations" as to such damages, "the truth of the
precedents: running at a very low speed and on the right side of the road" matter being that the death of Regino Raagas was occasioned by an
It is essential. . . . in the award of damages that the claimant must > it was the child who "rushed from an unseen position and bumped the unforeseen event and/or by the fault of the small boy Regino Raagas or
have satisfactorily proven during the trial the existence of the factual truck so that he was hit by the left rear tire of the said truck and died", his parents." Such averment has the effect of tendering a valid issue.
basis of the damages and its causal connection to defendant's acts. and consequently the defendants are not to blame for the accident which In a long line of cases, SC has consistently held that
This is so because moral damages though incapable of pecuniary was "entirely attributable to an unforeseen event" or due to the fault of even if the allegations regarding the amount of damages in the
estimation, are in the category of an award designed to compensate the child and negligence of his parents; complaint are not specifically denied in the answer, such damages are
the claimant for actual injury suffered and not to impose a penalty on > defendants-spouses have exercised due diligence in the selection and not deemed admitted.
the wrongdoer (Enervida v. De la Torre, 55 SCRA 340 [1974.] and are supervision of their driver Canciller, whom they hired in 1946 only after a in no uncertain terms that actual damages must be proved, and that a
allowable only when specifically prayed for in the complaint. (San thorough study of his background as a truck driver; and that each time court cannot rely on "speculation, conjecture or guesswork" as to the
Miguel Brewery, Inc. v. Magno, 21 SCRA 292 [1968]) they allowed him to drive it was only after a check of his physical fact and amount of damages, but must depend on actual proof that
- As reflected in the records of the case, the Court of Appeals was in condition and the mechanical fitness of the truck assigned to him. damages had been suffered and on evidence of the actual amount.
agreement with the findings of the trial court that petitioners suffered Lower Court although an allegation is not necessary in order that moral damages
anguish, embarrassment and mental sufferings due to the failure of > plaintiffs moved for a judgment on the pleadings, upon the claim that may be awarded, "it is, nevertheless, essential that the claimant
private respondent to perform its obligation to petitioners. the defendants' answer not only "failed to tender an issue" but as well satisfactorily prove the existence of the factual basis of the
- Its grant of moral and exemplary damages was justified by the Trial "admitted material allegations" of the complaint. This motion was set for damage and its causal relation to defendant's acts."
Court as follows: hearing on June 18. On the previous day, however, defendants counsel Disposition Case is remanded to the court of origin for trial on the
Form the evidence presented, plaintiffs' sufferings have been duly and requested for postponement as he was sick. The lower court denied the merits.
substantially proven by the defendant's fraudulent actuation and request for lack of "proper notice to the adverse party," and considered
breach of warranty, and thereby entitled for the claim of damages and the case submitted for decision upon the filing of the plaintiffs'
ENERVIDA v DELA TORRE
litigation costs as enunciated by the testimony of the plaintiff... that the memorandum.
- On June 24 it rendered a judgment on the pleadings, condemning the 55 SCRA 339
damages to his house caused sufferings and feelings of shock.
helplessness, fears, embarrassment and anger, thereby entitling him defendants, jointly and severally, to pay damages, attorneys fees and ESGUERRA; January 28, 1974
to Moral Damages which should be assessed at P500,000.00. costs of suit.
"The moral damages. . . . (are awarded) for indemnity or reparation - The lower court reasoned that NATURE
not punishment or correction, that is, an award to entitle the injured the denial of the charge of reckless driving "did not affect the plaintiffs' Appeal from judgment of CFI
party to obtain means (of) diversions and amusement that will serve to positive allegation in their complaint that the truck . . . did not have a
alleviate the moral sufferings he has undergone by reason of current year registration plate . . . for the year 1958 when the accident FACTS
occurred,"
torts & damages A2010 - 136 - prof. casis

- Petitioner Roque Enervida filed a complaint against defendant spouses excepting, the special torts referred to in Art.309, par. 9, Art.2219 and in were occasions when BUGAYONG played first with his penis then
Lauro and Rosa dela Torre, praying that the deed of sale executed by his Arts.21, 26, 27, 28, 29, 30, 32, 34, and 35 on the chapter on human touched her vagina with his penis until a white substance came out of it
deceased father over a parcel of land covered by a Homestead Patent be relations (par. 10, Art. 2219). and that was the time BUGAYONG would pull back his penis. Arlene said
declared null and void for having been executed within the prohibited - While no proof of pecuniary loss is necessary in order that moral that the penis of BUGAYONG partly entered [her] vagina and she got
period of 5 years in violation of Sec.118 of Commonwealth Act 141 (the damages may be awarded, the amount of indemnity being left to the hurt.
Public Land Law). He further prayed that he be allowed to repurchase discretion of the court, it is, nevertheless, essential that the claimant - The trial court held that the accused raped the victim in 1993, not in
said parcel of land for being the legitimate son and sole heir of his satisfactorily prove the existence of the factual basis of the damage 1994. Notwithstanding the rather encompassing allegation in the
deceased father. (Art.2217) and its causal relation to the defendants acts because moral Information that the crime was committed before and until October 15,
- Defendants filed their answer, stating that the petitioner has no cause of damages, though incapable of pecuniary estimation, are in the category 1994, the trial court ruled that it could legally convict the accused for the
action against them as his father is still living; that petitioner is not the of an award designed to compensate the claimant for actual injury crime committed in 1993. The primordial consideration in determining
only son of Ciriaco and that the sale of the property in question was well suffered and not to impose a penalty on the wrongdoer. the sufficiency of the averment in the Information as to time is whether
beyond the 5 year prohibition period. - The trial court and the CA both seem to be of the opinion that the mere the accused was accorded the opportunity to prepare a defense. In this
- During pre-trial, petitioner admitted the claims of the defendants: his fact that respondents were sued without any legal foundation entitled case, the trial court observed that he was not so deprived. Furthermore,
father was still living, that he has siblings, and that the sale did not take them to an award of moral damages, hence they made no definite finding it noted that the Information charged more than one offense, but that the
place within the prohibited period. The CFI, in view of such admissions, as to what the supposed moral damages suffered consist of. Such a accused failed to interpose an opposition.
dismissed Roques complaint and held that he had no cause of action, no conclusion would make of moral damages a penalty, which they are not, - The Information charged appellant with statutory rape committed
legal capacity to sue and that he is prompted with malice and bad faith in rather than a compensation for actual injury suffered, which they are before and until October 15, 1994 xxx several times. In the instant
alleging false statements in his complaint. He was also ordered to pay intended to be. Moral damages, in other words, are not corrective or appeal, accused asserts that this allegation regarding the date of the
the defendants P2000 for actual, moral and exemplary damages. exemplary damages. commission of the offense violated his constitutional right to be informed
- Petitioner then filed an appeal to the CA which certified the case to the Disposition the dismissal order is affirmed with modification that only of the nature and cause of the accusation against him.
SC as it involved purely a question of law. attys fees are awarded to respondents. - Appellant claims a violation of his constitutional right to be informed of
the nature and cause of the accusation against him. He maintains that
ISSUE PEOPLE V BUGAYONG he was unable to prepare properly for his defense or to anticipate the
WON the award for moral damages by reason of the unfounded civil evidence to be controverted
PANGANIBAN; December 2, 1998
action was proper
ISSUE
HELD NATURE WON accused may be convicted of rape committed in 1993, under the
NO Appeal from the decision of RTC Baguio present Information, which accused him of committing the said crime
Ratio Art.2219 enumerates the cases when moral damages may be before and until October 15, 1994 xxx several times.
recovered. A clearly unfounded suit is not included in the enumeration FACTS HELD
and cannot be basis for an award of moral damages. - Alberto Cauan and Leticia Yu Cauan were married and had 3 children, YES
Reasoning ALBERT, HONEYLET and ARLENE, the private complainant herein. The Ratio Indeed, the determinative factor in the resolution of the question
- It will be observed that unlike compensatory or actual damages which spouses separated. Albert and Arlene stayed with their mother Leticia involving a variance between allegation and proof in respect of the date
are generally recoverable in tort cases as long as there is satisfactory while Honeylet stayed with her grandmother Anita Yu. Later, Alberto and of the crime is the element of surprise on the part of the accused and his
proof thereof (Art. 2202), the Code has chosen to enumerate the cases in Leticia started living together with another woman and another man corollary inability to defend himself properly. The records of this case
which moral damages may be recovered (Art. 2219). respectively. Leticia cohabited with the accused RODELIO BUGAYONG belie appellants claim of surprise.
- A like enumeration is made in regard to the recovery of attorney's fees and had a child, CATHERINE BUGAYONG. Reasoning
as an item of damage (Art. 2208). But the two enumerations differ in the - the accused RODELIO BUGAYONG had ARLENE hold his penis inside - It is doctrinal that the precise time of the commission of an offense
case of a clearly unfounded suit, which is expressly mentioned in Art. the room he shared with Leticia. At that time CATHERINE who was 6yrs. need not be alleged in the complaint or information, unless time is an
2208 (par. 4), as justifying an award of attorney's fees, but is not included old was also inside the same room and her father, the accused was essential element of the crime charged.
in the enumeration of Art.2219 in respect to moral damages. letting her sleep. Bugayong threatened to maim Arlene if she did not - If vagueness afflicted the aforementioned text of the Information, it was
- Art. 2219 also provides that moral damages may be awarded in hold his penis. When the penis was already hard and stiff, he placed it cured by the victims Sworn Statement, which was expressly made an
analogous cases to those enumerated, but we do not think the Code inside the mouth of Arlene and a white substance came out from the integral part of the Information. The victim categorically alleged that she
intended a clearly unfounded civil action or proceedings to be one of penis. CATHERINE saw this incident. had been raped by appellant in 1993 when she was in grade three
these analogous cases wherein moral damages may be recovered, or it - Arlene Cauan accompanied by her father Alberto Cauan and her aunt - Furthermore, appellant could not have been oblivious to the victims
would have expressly mentioned it in Art.2219, as it did in Art.2208; or Marilyn Yu, Carmelita Yu and Rosie Yu went to the NBI to file a Sworn Statement, for he requested and was given an opportunity to rebut
else incorporated Art.2208 by reference in Art.2219. complaint. the same in his Motion for Reinvestigation.
- Art.2219 specifically mentions quasi-delicts causing physical injuries, - Arlene gave her sworn statement. Alberto Cauan also gave his sworn - It will be noted that appellant was charged with rape committed before
as an instance when moral damages may be allowed, thereby implying statement. and until October 15, 1994 xxx several times. Said acts are alleged in
that all other quasi-delicts not resulting in physical injuries are excluded, - Arlene testified that her stepfather had been doing the same act when only one Information which, as a general rule, is defective for charging
she was still in Grade 3 and was nine years old. She also said that there
torts & damages A2010 - 137 - prof. casis

more than one offense. However, appellant failed, within the prescribed because the trial court did not award the P535,000.00 damages and Ratio If a corporation knowingly permits one of its officers, or any other
period, to file such motion on the ground of duplicity. He is thus deemed attorney's fees she claimed. agent, to do acts within the scope of an apparent authority, and thus
to have waived the defect in the Information. - October 10,1956: Trinidad J. Francisco mortgaged in favor of holds him out to the public as possessing power to do those acts, the
- appellant cannot be said to have been deprived of his constitutional Government Service Insurance System (GSIS) a parcel of land corporation will, as against any one who has in good faith dealt with the
right to be informed of the accusation against him. Despite the containing an area of 18,232 square meters, with twenty-one (21) corporation through such agent, be estopped from denying his authority
duplicitous nature of the Information, he did not object to such bungalows, known as Vic-Mari Compound. This was in consideration of a Reasoning
defect. Moreover, he was given the chance to defend himself in court loan in the amount of P400K, out of which the sum of P336,100.00 was - GSIS does not disown the telegram, and even asserts that it came from
and to cross-examine the complainant. released to her. its offices, as may be gleaned from the letter, dated 31 May 1960, to Atty.
- the Court rigorously examined the records and arrived upon the - January 6, 1959: GSIS extrajudicially foreclosed the mortgage on the Francisco, and signed "R. P. Andal, general manager by Leovigildo
conclusion that his guilt had been established beyond reasonable ground that up to that date Francisco was in arrears on her monthly Monasterial, legal counsel.
doubt. The victims clear, categorical and straightforward testimony installments in the amount of P52,000.00. Payments made by the plaintiff - In remitting the payment of P30,000 advanced by her father, Trinidads
indubitably demonstrated the culpability of appellant for the dastardly acts at the time of foreclosure amounted to P130,000.00. GSIS itself was the letter to Mr. Andal quoted verbatim the telegram of acceptance Mr. Andal
committed before and until October 15, 1994 buyer of the property in the foreclosure sale. sent.
- The foregoing shows that appellant sexually assaulted complainant in - February 20, 1959: the plaintiff's father, Atty. Vicente J. Francisco, sent - Notwithstanding this notice, the defendant System pocketed the
1993 when she was 10 years old. Thus, the trial court correctly a letter to the general manager of the defendant corporation, Mr. Rodolfo amount, and kept silent about the telegram not being in accordance with
convicted him of statutory rape under Article 335 (3) of the P. Andal, proposing to pay said amount of P30,000 to the GSIS if it the true facts, as it now alleges. This silence, taken together with the
RPC. Moreover, appellant is also guilty of acts of lasciviousness would agree that after such payment the foreclosure of my daughter's unconditional acceptance of three other subsequent remittances from
committed on October 15, 1995. mortgage would be set aside. As for the balance, Atty. Francisco plaintiff, constitutes in itself a binding ratification of the original
- The trial court correctly awarded P50,000 as indemnity ex delicto, an proposed for GSIS to take over the administration of the mortgaged agreement.
amount which is automatically granted to the offended party without need property and to collect the monthly installments, amounting to about 2. NO, Francisco is not entitled to damages.
of further evidence other than the fact of the commission of rape. P5,000, until the balance is paid. - The court a quo correctly refused to award such actual or compensatory
- Consistent with recent jurisprudence, appellant should also be ordered - February 20 1959: Atty. Francisco received a telegram containing an damages because it could not determine with reasonable certainty the
to pay the victim the additional amount of P50,000 as moral damages. In approval of his request. It was signed by Andal. difference between the offered price and the actual value of the property.
People v. Prades, the Court resolved that moral damages may - February 28 1959: Atty. Francisco remitted to GSIS, through Andal, a - Without proof the Court cannot assume, or take judicial notice, as
additionally be awarded to the victim in the criminal proceeding, in such check for P30K. GSIS received the amount of P30K, and issued an suggested by the plaintiff, that the practice of lending institutions in the
amount as the Court deems just, without the need for pleading or proof of official receipt No. 1209874, dated 4 March 1959. It did not, however, country is to give out as loan 60% of the actual value of the collateral.
the basis thereof as has heretofore been the practice. take over the administration of the compound (as was proposed by Atty. - There was no error in the appealed decision in denying moral damages,
Disposition The appeal is hereby DENIED and the assailed Decision is Francisco). not only on account of the plaintiff's failure to take the witness stand and
AFFIRMED, with the MODIFICATION that Appellant Rodelio Bugayong is - Remittances, all accompanied by letters, corresponding to the months testify to her social humiliation, wounded feelings, anxiety, etc., as the
ordered to pay Complainant Arlene Cauan P50,000 as indemnity and the of March, April, May, and June, 1960 and totalling P24,604.81 were also decision holds, but primarily because a breach of contract like that of
additional amount of P50,000 as moral damages. sent by Francisco to GSIS from time to time, all of which were received defendant, not being malicious or fraudulent, does not warrant the award
and duly receipted for. of moral damages under Article 2220 of the Civil Code.
- Then the System sent three (3) letters, one dated 29 January 1960, ART. 2220
which was signed by its assistant general manager, and the other two Disposition The appealed decision if affirmed, with costs against GSIS.
letters, dated 19 and 26 February 1960, respectively, which were signed
by Andal, asking the plaintiff for a proposal for the payment of her EXPERT TRAVEL & TOURS INC V CA (LO)
indebtedness, since according to the System the one-year period for
VITUG; June 25, 1999
FRANCISCO V GSIS redemption had expired.
Respondents Comment
7 SCRA 577 NATURE
> The remittances previously made by Atty. Francisco were allegedly not
REYES JBL; March 30, 1963 sufficient to pay off her daughter's arrears, including attorney's fees Petitioner, Expertravel and Tours, Inc., seeks in the instant petition for
incurred by the defendant in foreclosing the mortgage. review on certiorari a modification of the decision, dated 20 March 1997,
NATURE of the Court of Appeals affirming in toto the 07th November 1994
Appeal by the Government Service Insurance System from the decision ISSUES judgment of the Regional Trial Court (Branch 5) of Manila declaring the
of the Court of First Instance of Rizal. 1. WON the telegram generated a contract that is valid and binding upon instant suit DISMISSED, and ordering the plaintiff to pay defendant
the parties Ricardo Lo moral damages in the amount of P30,000.00; attorney's fees
FACTS 2. WON Francisco is entitled to damages (moral damages in the outline) in the amount of P10,000.00, and to pay the costs of the suit.
- CFI ordered GSIS to abide by the terms of the contract created by
plaintiff's offer and its unconditional acceptance, with costs against the HELD FACTS
GSIS. Trinidad J. Francisco (plaintiff) appealed separately (L-18155), 1. YES, the contract is binding. - On 07 October 1987, Expertravel & Tours, Inc., ("Expertravel"), a
domestic corporation engaged in the travel agency business, issued to
torts & damages A2010 - 138 - prof. casis

private respondent Ricardo Lo four round-trip plane tickets for Hongkong, (3) third, the wrongful act or omission of the defendant is the proximate cogent reason for the award of moral damages. If the rule were
together with hotel accommodations and transfers, for a total cost of cause of the injury sustained by the claimant; and (4) fourth, the award of otherwise, then moral damages must every time be awarded in favor of
P39,677.20. Alleging that Lo had failed to pay the amount due, damages is predicated on any of the cases stated in Article 2219. the prevailing defendant against an unsuccessful plaintiff.
Expertravel caused several demands to be made. Since the demands OTHER GROUNDS FOR THE AWARD OF MORAL DAMAGES - The Court confirms, once again, the foregoing rules.
were ignored by Lo, Expertravel filed a court complaint for recovery of the Art. 2219. Moral damages may be recovered in the following and Disposition petition is GRANTED and the award of moral damages to
amount claimed plus damages. analogous cases: respondent Ricardo Lo under the assailed decision is DELETED. In its
- Respondent Lo explained, in his answer, that his account with "1) A criminal offense resulting in physical injuries; other aspects, the appealed decision shall remain undisturbed. No costs.
Expertravel had already been fully paid. The outstanding account was "2) Quasi-delicts causing physical injuries;
remitted to Expertravel through its then Chairperson, Ms. Ma. Rocio de "3) Seduction, abduction, rape, or other lascivious acts; MIJARES V CA (METRO DRUG INC)
Vega, who was theretofore authorized to deal with the clients of "4) Adultery or concubinage;
271 SCRA 558
Expertravel. The payment was evidenced by a Monte de Piedad Check "5) Illegal or arbitrary detention or arrest;
No. 291559, dated 06 October 1987, for P42,175.20 for which Ms. de "6) Illegal search; KAPUNAN; April 18, 1997
Vega, in turn, issued City Trust Check No. 417920 in favor of Expertravel "7) Libel, slander or any other form of defamation;
for the amount of P50,000.00, with the notation "placement advance for "8) Malicious prosecution; NATURE
Ricardo Lo, etc." Per its own invoice, Expertravel received the sum on 10 "9) Acts mentioned in Article 309; Petition for review on certiorari
October 1987. "10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32,
- The trial court, affirmed by the appellate court, held that the payment 34 and 35. FACTS
made by Lo was valid and binding on petitioner Expertravel. Even on the "The parents of the female seduced, abducted, raped, or abused, - Dioscoro Lamenta, salesman/collector of Metro Manila Drug Inc.
assumption that Ms. de Vega had not been specifically authorized by referred to in No. 3 of this Article, may also recover moral damages. - Mijares as owners of Aklan Drug had been buying pharmaceutical
Expertravel, both courts said, the fact that the amount "delivered to the "The spouse, descendants, ascendants, and brothers and sisters may products from Metro Drug since 1976. They had good record with Metro
latter remain(ed) in its possession up to the present, mean(t) that the bring the action mentioned in No. 9 of this Article, in the order named." Drug.
amount redounded to the benefit of petitioner Expertravel, in view of the - Under the provisions of this law, in culpa contractual or breach of - Editha Mijares, aside from being the operator of Aklan Drug, was also
second paragraph of Article 1241 of the Civil Code to the effect that contract, moral damages may be recovered when the defendant acted in an officer of the Ospital Ng Maynila Consumers Cooperative, Inc., which
payment made to a third person shall also be valid in so far as it has bad faith or was guilty of gross negligence (amounting to bad faith) or in became a concessionaire of a small area right inside the hospital
redounded to the benefit of the creditor." wanton disregard of his contractual obligation and, exceptionally, when compound and it operated a drugstore. Said drugstore had some
the act of breach of contract itself is constitutive of tort resulting in transactions with the plaintiff as supplier of pharmaceutical products.
ISSUE physical injuries. By special rule in Article 1764, in relation to Article Subsequently the Cooperative was dissolved and it stopped operating.
WON moral damages be awarded for negligence or quasi-delict that did 2206, of the Civil Code, moral damages may also be awarded in case the Solomon Silverio, Jr. leased from the City of Manila the site previously
not result to physical injury to the offended party death of a passenger results from a breach of carriage. In culpa occupied by the Cooperative and put up a drugstore on the same.
aquiliana, or quasi-delict, - Lamenta delivered pharmaceutical products to the said store (8 times).
HELD (a) when an act or omission causes physical injuries, or - The first to the seventh deliveries were received by Luz Espares,the 8th
NO (b) where the defendant is guilty of intentional tort, [In this latter case, delivery was received by Hilda Rodrigona. Both were never the
Ratio Moral damages are not punitive in nature but are designed to moral damages may be recovered even in loss of or damage to property.] employees of the defendants.
compensate and alleviate in some way the physical suffering, mental moral damages may aptly be recovered. - In partial payment of these receivables Solomon Silverio, Jr. issued a
anguish, fright, serious anxiety, besmirched reputation, wounded - This rule also applies, as aforestated, to contracts when breached by check under the account name Farmacia delos Remedios in the amount
feelings, moral shock, social humiliation, and similar injury unjustly tort. In culpa criminal, moral damages could be lawfully due when the of P14,180.46, which was subsequently dishonored on the ground of
caused to a person. Although incapable of pecuniary computation, moral accused is found guilty of physical injuries, lascivious acts, adultery or insufficient fund.
damages, nevertheless, must somehow be proportional to and in concubinage, illegal or arbitrary detention, illegal arrest, illegal search, or - Metro Drug went after Mijares demanding full redemption of the
approximation of the suffering inflicted. Such damages, to be defamation. Malicious prosecution can also give rise to a claim for moral dishonored check and full payment of outstanding account for
recoverable, must be the proximate result of a wrongful act or omission damages. The term "analogous cases," referred to in Article 2219, P27,938.06.
the factual basis for which is satisfactorily established by the aggrieved following the ejusdem generis rule, must be held similar to those - When Lamenta tried to collect from Editha Mijares for the disputed
party. expressly enumerated by the law. claim, Editha Mijares referred him to Mr. Silverio as the new operator and
- An award of moral damages would require certain conditions to be met; - Although the institution of a clearly unfounded civil suit can at times be a concessionaire of the drugstore. She informed him verbally that they
to wit: legal justification for an award of attorney's fees, [Article 2208(4), Civil have no more business inside the Ospital ng Maynila as the cooperative
(1) First, there must be an injury, whether physical, mental or Code; such filing, however, has almost invariably been held not to be a drugstore has already stopped operations. Despite said verbal notice,
psychological, clearly sustained by the claimant; ground for an award of moral damages. The rationale for the rule is that the demand telegram addressed to Aklan Drug was still sent to Editha
(2) second, there must be a culpable act or omission factually the law could not have meant to impose a penalty on the right to litigate. Mijares. On Lamenta's follow-up of said telegram, Editha Mijares again
established; The anguish suffered by a person for having been made a defendant in a directed Lamenta to see Solomon Silverio, the new owner of the
civil suit would be no different from the usual worry and anxiety suffered drugstore.
by anyone who is haled to court, a situation that cannot by itself be a - RTC: Complaint dismissed; plaintiff ordered to pay the defendants
P30,000.00 for moral damages and P10,000.00 as attorney's fees
torts & damages A2010 - 139 - prof. casis

CA: Reversed - Ciriaco Reducto was occupying a 24-hectare parcel of land in - The MTC and CFI ruled in favor of petitioner and ordered that
Sulongvale, Sulop, Davao del Norte (previously Padada, Tanwalang, possession be restored to the petitioner..
ISSUE Davao), designated as Lot No. 5714, for which he filed Homestead - On 18 July 1977, during the pendency of the forcible entry case,
WON moral damages should be awarded to the Mijares spouses (bec of Application No. 192495 (E-100806) with the Bureau of Lands. petitioner instituted the present action for reconveyance with damages
malicious prosecution) - However, another party also filed a Homestead Application for the against private respondent in the Regional Trial Court of Davao del Sur
same. and Davao City.
HELD - Ciriaco transferred his possessory rights over six (6) hectares (later -Petitioner alleged that private respondent fraudulently registered the 3/4-
NO increased to eight [8]) of Lot 5714 to petitioner Pantaleon de la Pea who hectare portion actually cultivated by him when the former stated in his
- Settled in our jurisprudence is the rule that moral damages cannot be thereafter entered his appearance in the administrative case when the free patent application that "the land applied for is not claimed or
recovered from a person who has filed a complaint against another in portion transferred to him remained included in the homestead occupied by any other person." In addition, petitioner denied that a
good faith, or without malice or bad faith (Philippine National Bank v. applications of Ciriaco Reducto and Potenciano Nazaret. After it was survey was conducted in 1970; if at all, it was merely a "table survey."
Court of Appeals, 159 SCRA 433 [1988]; R & B Surety and Insurance v. ascertained in a field verification that petitioner had a better right to Incidentally, it was discovered in the survey that the area of petitioner's
Intermediate Appellate Court, 129 SCRA 736 [1984]). acquire the portion claimed by him being its actual occupant and actual occupation exceeded that which he bought from Ciriaco Reducto
Reasoning cultivator, the Director of Lands directed petitioner to apply for the portion in 1946.
- Mijares spouses failed to show that private respondent was motivated himself within sixty (60) days after its survey or else "lose his preferential - After trial, the court rejected petitioner's denial of the 1970 Survey.
by bad faith when it instituted the action for collection. right thereto." However, no such application was filed. Since the disputed 3/4-hectare portion was not part of the area bought
- In China Banking Corporation vs. Court of Appeals it was held that - Meanwhile, on 7 March 1950, Ciriaco transferred his rights over another and paid for in 1946 by petitioner, the latter was not entitled to
Malicious prosecution, both in criminal and civil cases, requires the 1 1/2-hectare portion of Lot 5714 to Michael Doble who in turn sold his reconveyance. Petitioner was declared a mere trespasser and planter in
presence of two elements, to wit: a) malice; and b) absence of probable rights in 1956 to Ricardo Tan, herein private respondent's father. The bad faith who was "enjoying freely the use of government property"
cause. Moreover, there must be proof that the prosecution was prompted portion sold to Michael Doble, and later on acquired by Ricardo Tan, without even applying for the same nor paying taxes thereon. His prayer
by a sinister design to vex and humiliate a person, and that it was became the western boundary of de la Pea's land. for P5,000.00 as actual damages for the sugarcane and bananas
initiated deliberately knowing that the charge was false and baseless - On 24 and 25 August 1970, a survey was conducted and it was destroyed on the disputed portion was denied. Instead, private
(Manila Gas Corporation v. Court of Appeals, 100 SCRA 602 [1980]). discovered that the land occupied by petitioner was bigger by 3/4 of a respondent's counterclaim was granted and petitioner was ordered
- Mere filing of a suit does not render a person liable for malicious hectare than what he actually bought and paid for from Ciriaco. On the to pay P6,000.00 in attorney's fees and expenses of litigation,
prosecution should he be unsuccessful, for the law could not have meant other hand, the land ceded to Doble (later acquired by Tan) was "very P15,000.00 for moral damages, and the costs of the proceedings.
to impose a penalty on the right to litigate (Ponce v. Legaspi, 208 SCRA much smaller" than what he actually bought. - The Court of Appeals affirmed the appealed decision in toto.
377 [1992]; Saba v. Court of Appeals, 189 SCRA 50 [1990]); Rubio v. - Although the 3/4-hectare portion was part of the area acquired by Doble
Court of Appeals, 141 SCRA 488 [1986]). in 1950, it was petitioner de la Pea who cultivated the same without ISSUES
- Moral damages cannot be recovered from a person who has filed a objection from Doble. However, when Ricardo Tan acquired the lot on 2 1. WON petitioner has legal standing in the suit
complaint against another in good faith, or without malice or bad faith March 1956, he built a fence to reclaim the portion, but petitioner kept 2. WON the award for attorney's fees, moral damages and expenses of
(Philippine National Bank v. Court of Appeals, 159 SCRA 433 [1988]; R & destroying it; hence, the start of a boundary dispute. litigation against the petitioner are proper
B Surety and Insurance v. Intermediate Appellate Court, 129 SCRA 736 - On 5 May 1975, Ricardo Tan transferred his rights over Lot 5714-C to
[1984]). his son, private respondent Herotido Tan, by means of "Affidavit of HELD
- If damage results from the filing of the complaint, it is damnum absque Relinquishment." But the conflict over the 3/4-hectare portion continued. 1. NO
injuria (Ilocos Norte Electrical Company v. Court of Appeals, 179 SCRA In an effort to resolve the conflict, a relocation survey was agreed upon - Petitioner Pantaleon de la Pea has absolutely no standing to institute
5 [1989]). except that the parties failed to agree on a common surveyor. the present suit for reconveyance.
Consequently, each party had to hire his own. Petitioner's surveyor 2. NO
DE LA PEA V CA (TAN) conducted a relocation survey on 18 April 1977, while respondent's Ratio It is well-settled that reconveyance is a remedy granted only to
surveyor conducted his own five (5) days later. After it was determined the owner of the property alleged to be erroneously titled in another's
231 SCRA 456
that the 3/4-hectare portion was within Lot 5714-C of private name. In the case at bench, petitioner does not claim to be the owner of
BELLOSILLO; March 28, 1994 respondent, the latter built a fence around the property to prevent the disputed portion. Admittedly, what he has is only a "preferential right"
petitioner from entering. The sugarcane and bananas planted by to acquire ownership thereof by virtue of his actual occupation since
NATURE petitioner were destroyed in the process. January 1947. However, petitioner's possession is not one that could
Appeal from the decision of CA dismissing petitioners action for - On 29 April 1977, petitioner filed a complaint for forcible entry against ripen into ownership. Title to alienable public lands can be established
reconveyance with damages against private respondent. Ricardo Tan in the Municipal Trial Court of Sulop. When it was through open, continuous, and exclusive possession for at least thirty
discovered that private respondent Herotido Tan was the registered (30) years. It must be noted that the dispute regarding the 3/4-hectare
FACTS owner of Lot 5714-C under OCT No. P-7923 which was issued pursuant portion started even before a free patent and OCT could be issued to
- Pantaleon De La Pena imputes fraud and misrepresentation to private to Free Patent No. (XI-6) 1326 dated 15 September 1975, the complaint private respondent in 1975. As early as 1956, the controversy already
respondent Herotido Tan in securing Free Patent No. (XI-6) 1326 and was accordingly amended to implead him. began between petitioner and private respondent's father. Hence,
OCT No. P-7923 over the same.
torts & damages A2010 - 140 - prof. casis

petitioner's possession falls short of the required period. Not being the - J mktg precisely instituted the replevin case against Sia based on the submitted by the prosecution do not suffice to show that he had
owner, petitioner cannot maintain the present suit. latter's own challenge to the former that if they really had a right on the committed the crime for which he has been accused
- An award for attorney's fees and moral damages on the sole basis of an motorcycle, then they should institute the necessary case in court. When - March 26, 1992 - RTC Makati issued an order, granting Guevara's
action later declared to be unfounded in the absence of a deliberate J mktg, through Caludac, did sue Sia, it cannot be said that the institution Motion to Dismiss on a Demurrer to the Evidence and ordered the
intent to cause prejudice to the other party is improper. The right to of the replevin suit was tainted with gross and evident bad faith or was dismissal of the criminal case for falsification of public documents against
litigate is so precious that a Penalty should not be charged on those who done maliciously to harass, embarrass, annoy or ridicule Sia. him
may exercise it erroneously. - Moreover, the adverse result of an action - dismissal of petitioner's - it is clear that the defendants had maliciously prosecuted Guevara, to
Disposition Affirmed, with the sole modification that the award for complaint - does not per se make an act unlawful and subject the actor to his and HBI's embarassment, damage and prejudice. The criminal case
attorney's fees, expenses of litigation, and moral damages is DELETED. the payment of moral damages. It is not a sound public policy to place a filed by the defendants against Guevara had absolutely no basis in fact
premium on the right to litigate. and in law. Quite clearly, defendants had filed the aforesaid case with the
J MARKETING V SIA - The award of exemplary damages has likewise no factual basis. It is a sole intent of harassing and pressuring Guevara, in his capacity as
requisite that the act must be accompanied by bad faith or done in Chairman of GIDC, to give in to their illicit and malicious desire to
285 SCRA 580
wanton, fraudulent or malevolent manner - circumstances which are appropriate the remaining unsold properties of GIDC and/or to influence
FRANCISCO; January 29, 1998 absent in this case. In addition, exemplary damages cannot be awarded the appellate courts to decide in their favor, their appeal of the lower
as the requisite element of compensatory damages was not present. court's decision in the GIDC case.
NATURE - With respect to the attorney's fees, an adverse decision does not ipso
Appeal from decision of CA facto justify the award thereof to the winning party. Everything points to ISSUE
the fact that petitioner honestly thought that they had a good cause of WON requisites for malicious prosecution are present
FACTS action, so that notwithstanding the dismissal of their case, no attorney's
- J Marketing was company engaged in the business of appliances and fees can be granted to private respondent. HELD
motorcycles. It received from Kawasaki motors one brand new, color blue - Considering that Sia claims to be the owner of the motorcycle, J mktg YES
motorcycle, which was stored in the company bodega. However (4 years was compelled to sue him. When Sia "necessarily" became a party - a complaint for malicious prosecution states a cause of action if it
after receipt), the company found out that the motorcycle was missing, defendant no attorney's fees and litigation expenses can automatically be alleges the following:
and immediately reported this to the police. recovered even if he should win, as it is not the fact of winning alone that (1) that the defendant was himself the prosecutor or that at least the
- The companys representative, Caludac, tried to trace the lost entitles recovery of such items but rather the attendance of special prosecution was instituted at his instance;
motorcycle to Felicidad SIa (defendant herein), who brought a motorcycle circumstances - the enumerated exceptions in Article 2208 NCC. (2) that the prosecution finally terminated in the acquittal of the plaintiff;
from a Renato Pelande. Allegedly, Caludac went to the house of Sia and - There being no bad faith reflected in petitioner's persistence in pursuing (3) that in bringing the action the prosecutor acted without probable
examined the chasis and motor numbers of the motorcycle in his its case, other than an erroneous conviction of the righteousness of its cause; and
possession, and found out that the chasis and motor numbers have been cause, attorney's fees cannot not be recovered as cost. (4) that the prosecutor was actuated by malice, i.e. by improper and
tampered with to jibe with the chais and motor numbers of a motorcycle Disposition Decision of CA AFFIRMED sinister motives
previously purchased by Pelande from J Mktg. - first TWO requisites are sufficiently alleged in the complaint.
- When Caludac confronted Sia about the questionable motorcycle, Sia - the FOURTH requisite malice in which a a general averment is
COMETA V CA (MACLI-ING ET AL)
refused to surrender possession of the motorcycle and instead told sufficient in view of Rule 8, 5 of the Rules of Civil Procedure. Petitioners
Caludac to file a case in court. Hence, J mktg filed a complaint for 301 SCRA 459
filed the criminal case for the purpose of harassing and pressuring
replevin against Sia. Sia, in turn, filed a 3rd party complaint against MENDOZA; December 29, 1999 Guevarra, in his capacity as chairman of Guevent Industrial Development
Pelante (which was subsequently declared in default). Corporation (GIDC), to give in to their illicit and malicious desire to
- RTC dismissed J mktgs complaint but awarded damages (moral and FACTS appropriate the remaining unsold properties of the corporation, may be
exemplary) and attys fees. CA affirmed RTCs decision. - 1989 > SITI and Cometa filed a criminal case against Guevara for considered sufficient.
falsification of Public Documents (State Investment House, Inc. vs. - To be sure, lack of probable cause is an element separate and distinct
ISSUE Reynaldo S. Guevara) The basis of the aforesaid case is a forged from that of malice. It follows, therefore, that one cannot be held liable in
WON award of moral and exemplary damages and attys fees is proper Affidavit of Undertaking with its application of a License to Sell its damages for maliciously instituting a prosecution where he acted with
townhouse units in the RSG Condominium-Gueventville II. The signature probable cause.
HELD therein purporting to be that of Cometa is not Cometas signature. - Obviously, a determination that there was no probable cause cannot be
1. NO - Consequently, a criminal information was filed against Guevara in RTC made to rest solely on the fact that the trial court, acting on private
Ratio No damages can be charged on those who may exercise their Makati (People of the Philippines, Plaintiff, vs. Reynaldo s. Guevara, respondent Guevarra's demurrer to evidence, dismissed the criminal
rights in good faith, even if done erroneously. Accused) prosecution, just as it cannot be made to turn on the fact that the
Reasoning - Upon the filing of the information, a Warrant of Arrest was issued Department of Justice reversed the fiscal's findings and ordered the
- A person's right to litigate should not be penalized by holding him liable against Guevara. Guevara posted the necessary bail bond and the criminal case against private respondent Guevarra to be filed in court.
for damages. This is especially true when the filing of the case is to warrant for his arrest was lifted. The first would transform all acquittals into veritable countersuits for
enforce what he believes to be his rightful claim against another although - After the prosecution had rested its case, Guevara filed a Motion to
found to be erroneous. Dismiss on a Demurrer to the Evidence, contending that all the evidence
torts & damages A2010 - 141 - prof. casis

malicious prosecution. On the other hand, the second would result in the action in court is simply probable cause, not prima facie evidence. In the YES
dismissal of all complaints for malicious prosecutions. terminology of the Rules of Criminal Procedure, what is required for - In impleading the defendants, the petitioner clearly acted in wanton
- Accordingly, the inquiry should be whether sufficient facts are alleged bringing a criminal action is only such evidence as is sufficient to disregard of the facts that were very obvious. This carelessness and lack
showing that in bringing the criminal action, the defendant in the civil "engender a well founded belief as to the facts of the commission of a of diligence destroyed their claim of good faith. While the court uphelds
action for malicious prosecution acted without probable cause. This Court crime and the respondent's probable guilt thereof. the right of any person to litigate without fear of penalty, this right should
has ruled that for purposes of malicious prosecution, "probable cause" Disposition petitioners' motion for reconsideration is GRANTED, the be exercised in good faith.
means "such facts and circumstances as would excite the belief, in a decision of the Court of Appeals is REVERSED, and the complaint Reasoning
reasonable mind, acting on the facts within the knowledge of the against petitioners is DISMISSED for failure to state a cause of action. - As the defendants were compelled to hire the services of a lawyer to
prosecutor, that the person charged was guilty of the crime for which he defend themselves against the unjustified suit, it is only proper that this
was prosecuted." Buchanan v. Vda. de Esteban. In this case, even if we INDUSTRIAL INSURANCE COMPANY V BONDAD cost be shouldered by the petitioner.
consider the allegations in the complaint as true, as well as the order of - The award of moral damages was affirmed as it was shown that the
PANGANIBAN; 2000
the trial court annexed thereto, we do not find the same sufficient to defendants suffered injury which sprung from the unjustified act of the
establish the absence of probable cause. petitioner in bring the suit. The SC clarified however that mental anguish,
NATURE
- To prove that the subject UNDERTAKING (Exhibit "N") is falsified, the serious anxiety, wounded feeling, social humiliation are not enough to
Petition for review under Rule 45 assailing the decision of the CA
prosecution presented the testimony of complaining witness REYNALDO grant moral damages. It said that it must be shown that the acts, as in
COMETA to prove that as President of the STATE INVESTMENT he did this case, must have been tainted with bad faith or ill motives.
FACTS
not execute the document of undertaking and thus, the subject document - The Award for exemplary damages, which are imposed by way of
- The suit arose from a traffic incident which involved a Sigma Galant car
(Exhibit "N") is falsified and his signature thereat is not his signature. To example or correction for the public good, was likewise affirmed due to
owned by one Grace Ladaw Morales, a packed passenger jeepney
corroborate the testimony of COMETA, the NBI handwriting expert the petitioners conduct that needlessly dragged innocent bystanders into
driven by Ligorio Bondad but owned by Pablo Bondad, and a BD Tansit
LUZVIMINDA C. SABADO, submitted the questioned Documents Report an unfounded litigation.
bus driven by Eduardo Mendoza. The incident happened at South
No. 278-688 dated 21 June 1988 to show that the signature above the Disposition Petition denied. Order appealed from is affirmed.
Expressway on December 17, 1984.
name of COMETA in the subject undertaking (Exhibit "N") and the
- Industrial Insurance brought suit against both the drivers and owners of
specimen signatures of COMETA WERE not written by one and the TRIPLE EIGHT INTEGRATED SERVICES, INC V NLRC
the passenger jeep and the bus contending that they were the sole and
same person (Exhibit "Y").
proximate cause of the damages done on their clients Sigma Gallant thru 299 SCRA 608
- To prove that accused falsified and/or caused the falsification of the
joint gross and wanton negligence, careless, imprudence of the drivers ROMERO; December 3, 1998
subject undertaking (Exhibit "N"), the prosecution presented the records
and the owners failure to exercise the diligence required from them by
of the HOUSING BOARD which include the "Official Form" letter-
law in the selection and supervision of their respective drivers. NATURE
application (Exhibit "J") submitted by accused together with the required
- In their defense, the Bondads claimed that at the time of the accident, Petition for certiorari
documents enumerated therein which supposedly included the
their jeepney was on full stop on the right shoulder of the road because of
undertaking to release mortgage. The testimony of a HOUSING BOARD
the flat tire. And that there was therefore no fault or negligence on their FACTS
official, Ms. Floredeliza Manuel was presented to testify as an official of
part. - In August 1992, private respondent Osdana was recruited by petitioner
the HOUSING BOARD the standard procedure is that the BOARD
- The trial court found in favor of the Bondads and orderedthe petitioner for employment with the latters principal, Gulf Catering Company (GCC),
requires from applicants for authority such as that applied for by accused,
to pay them actual, moral, and exemplary damages. The CA affirmed a firm based in the Kingdom of Saudi Arabia. Under the original
the following requirements were quoted by the prosecution in page 5 of
the findings of the trial court citing the investigation report made by the employment contract, Osdana was engaged to work as Food Server for
their OPPOSITION and reproduced hereunder:
policeman that the damage on the car of Morales was caused by the DM a period of thirty-six (36) months with a salary of five hundred fifty Saudi
- there is neither direct nor circumstantial evidence to prove that accused
bus and not by the jeepney of the Bondads. It was concluded by the CA rials.
is the author of this falsified document
that based on the evidence, the proximate cause of the damage to the - Osdana claims she was required by petitioner to pay a total of
- trial court ruled that the evidence for the prosecution did not establish "a
car was the negligence of the driver of the DM bus and that the petitioner P11,950.00 in placement fees and other charges, for which no receipt
prima facie case against accused private private respondent Reynaldo
had no cause of action against the Bondads. The CA agreed that the was issued. She was likewise asked to undergo a medical examination
Guevarra." However, prima facie evidence is different from probable
defendants were entitled to their counterclaims in view of the fact that the conducted by the Philippine Medical Tests System, a duly accredited
cause. Prima facie evidence requires a degree or quantum of proof
insurance company did not verify the facts before impleading the clinic for overseas workers, which found her to be Fit of Employment.
greater than probable cause. "It denotes evidence which, if unexplained
defendants. Thus, the action brought against them resulted not only in - Petitioner asked Osdana to sign another Contractor-Employee
or uncontradicted, is sufficient to sustain a prosecution or establish the
inconvenience but also in unnecessary expenses, including expenses for Agreement which provided that she would be employed as a waitress for
facts, as to counterbalance the presumption of innocence and warrant
atorneys fees. The CA reduced the damages that were awarded. twelve (12) months with a salary of two hundred eighty US dollars ($280).
the conviction of the accused." On the other hand, probable cause for the
- The petitioners filed this motion for review by the the SC. It was this employment agreement which was approved by the Philippine
filing of an information merely means "reasonable ground for belief in the
existence of facts warranting the proceedings complained of, or an Overseas Employment Administration (POEA).
ISSUE - Osdana left for Riyadh, Saudi Arabia, and commenced working for
apparent state of facts found to exist upon reasonable inquiry which
WON the award of moral and exemplary damages are proper GCC. She was assigned to the College of Public Administration of the
would induce a reasonably intelligent and prudent man to believe that the
accused person has committed the crime." What is needed to bring an Oleysha University and, contrary to the terms and conditions of the
HELD employment contract, was made to wash dishes, cooking pots, and
torts & damages A2010 - 142 - prof. casis

utensils, perform janitorial work and other tasks which were unrelated to relation to the answer of petitioner show that indeed there was breach of authorized cause as defined by law or contract, the worker shall be
her job designation as waitress. She was made to work a gruelling the employment contract and illegal dismissal committed by petitioners entitled to the full reimbursement of his placement fee with interest at
twelve-hour shift, without overtime pay. principal. twelve percent (12%) per annum, plus his salaries for the unexpired
- Osdana suffered from numbness and pain in her arms. The pain was - Article 284 of the Labor Code is clear on the matter of termination by portion of his employment contract or for three (3) months for every
such that she had to be confined at a housing facility of GCC from June reason of disease or illness, viz: year of the unexpired term, whichever is less.
18 to August 22, 1993, during which period, she was not paid her Art. 284. Disease as a ground for termination An employer may - While it would appear that the employment contract approved by the
salaries. terminate the services of an employee who has been found to be POEA was only for a period of twelve months, Osdanas actual stint with
- Osdana was allowed to resume work, this time as Food Server and suffering from any disease and whose continued employment is the foreign principal lasted for one year and seven-and-a-half months. It
Cook at the Hota Bani Tameem Hospital, where she worked seven days prohibited by law or prejudicial to his health as well as the health of may be inferred, therefore, that the employer renewed her employment
a week from August 22 to October 5, 1993. Again, she was not his co-employees: x x x. contract for another year. Thus, the award for the unexpired portion of
compensated. - Specifically, Section 8, Rule 1, Book VI of the Omnibus Rules the contract should have been US$1,260 (US$280 x 4 months) or its
- Then, from October 6 to October 23, 1993, Osdana was again confined Implementing the Labor Code provides: equivalent in Philippine pesos, not US$2,499 as adjudged by the labor
for no apparent reason. During this period, she was still not paid her Sec. 8. Disease as a ground for dismissal Where the employee arbiter and affirmed by the NLRC.
salary. suffers from a disease and his continued employment is prohibited by - As for the award for unpaid salaries and differential amounting to
- On October 24, 1993, she was re-assigned to the Oleysha University to law or prejudicial to his health or to the health of his co-employees, US$1,076 representing seven months unpaid salaries and one month
wash dishes and do other menial tasks. Osdana worked long hours and the employer shall not terminate his employment unless there is a underpaid salary, the same is proper because, as correctly pointed out by
under harsh conditions. She was diagnosed as having Bilateral Carpal certification by competent public authority that the disease is of such Osdana, the no work, no pay rule relied upon by petitioner does not
Tunnel Syndrome, a condition precipitated by activities requiring nature or at such a stage that it cannot be cured within a period of six apply in this case. In the first place, the fact that she had not worked
repeated flexion, pronation, and supination of the wrist and (6) months with proper medical treatment. If the disease or ailment from June 18 to August 22, 1993 and then from January 24 to April 29,
characterized by excruciating pain and numbness in the arms. can be cured within the period, the employer shall not terminate the 1994, was due to her illness which was clearly work-related. Second,
- Osdana underwent two surgical operations. Between these operations, employee but shall ask the employee to take a leave. The employer from August 23 to October 5, 1993, Osdana actually worked as food
she was not given any work assignments even if she was willing and able shall reinstate such employee to his former position immediately upon server and cook for seven days a week at the Hota Bani Tameem
to do light work in accordance with her doctors advice. Again, Osdana the restoration of his normal health. Hospital, but was not paid any salary for the said period. Finally, from
was not paid any compensation for the period between February to - Viewed in the light of the foregoing provisions, the manner by which October 6 to October 23, 1993, she was confined to quarters and was not
April 22, 1994. Osdana was terminated was clearly in violation of the Labor Code and its given any work for no reason at all.
- Osdana was discharged from the hospital on April 25, 1994. The implementing rules and regulations. Osdanas continued employment - With respect to the award of moral and exemplary damages, the same
medical report stated that she had very good improvement of the despite her illness was not prohibited by law nor was it prejudicial to is likewise proper but should be reduced. Worth reiterating is the rule
symptoms and she was discharged on the second day of the operation. her health, as well as that of her co-employees. In fact, the medical that moral damages are recoverable where the dismissal of the employee
- Four days later, however, she was dismissed from work, allegedly on report issued after her second operation stated that she had very good was attended by bad faith or fraud or constituted an act oppressive to
the ground of illness. She was not given any separation pay nor was she improvement of the symptoms. Besides, Carpal Tunnel Syndrome is labor, or was done in a manner contrary to morals, good customs, or
paid her salaries for the periods when she was not allowed to work. not a contagious disease. public policy. Likewise, exemplary damages may be awarded if the
- Upon her return to the Philippines, Osdana sought the help of petitioner, - Petitioner has not presented any medical certificate or similar document dismissal was effected in a wanton, oppressive or malevolent manner.
but to no avail. She was thus constrained to file a complaint before the from a competent public health authority in support of its claims. If, - Finally, petitioner alleges grave abuse of discretion on the part of public
POEA. indeed, Osdana was physically unfit to continue her employment, her respondents for holding it solely liable for the claims of Osdana despite
employer could have easily obtained a certification to that effect from a the fact that its liability with the principal is joint and several. Petitioner
ISSUES competent public health authority in Saudi Arabia, thereby heading off misunderstands the decision in question. It should be noted that contrary
WON NLRC committed grave abuse of discretion for the following any complaint for illegal dismissal. The requirement for a medical to petitioners interpretation, the decision of the labor arbiter which was
reasons: (a) ruling in favor of Osdana even if there was no factual or legal certificate under Article 284 of the Labor Code cannot be dispensed with; affirmed by the NLRC did not really absolve the foreign principal.
basis for the award and, (b) holding petitioner solely liable for her claims otherwise, it would sanction the unilateral and arbitrary determination by Petitioner was the only one held liable for Osdanas monetary claims
despite the fact that its liability is joint and several with its principal, GCC. the employer of the gravity or extent of the employees illness and thus because it was the only respondent named in the complaint and it does
defeat the public policy on the protection of labor. not appear that petitioner took steps to have its principal included as co-
HELD - As regards the monetary award of salaries for the unexpired portion of respondent. Thus, the POEA, and later the labor arbiter, did not acquire
- The decisions of both the labor arbiter and the NLRC were based the employment contract, unpaid salaries and salary differential granted jurisdiction over the foreign principal.
mainly on the facts and allegations in Osdanas position paper and by public respondents to Osdana, petitioner assails the same for being
supporting documents. We find these sufficient to constitute substantial contrary to law, evidence and existing jurisprudence, all of which PEOPLE V PIRAME
evidence to support the questioned decisions. Generally, findings of therefore constitutes grave abuse of discretion.
facts of quasi-judicial agencies like the NLRC are accorded great respect - Although this contention is without merit, the award for salaries for the
and, at times, even finality if supported by substantial evidence. This unexpired portion of the contract must, however, be reduced. Paragraph ARCONA V CA (PEOPLE)
Court, therefore, upholds the finding of herein public respondents that the 5, Section 10 of R.A. No. 8042, applies in this case, thus: YNARES-SANTIAGO; December 9, 2002
facts and the evidence on record adduced by Osdana and taken in In case of termination of overseas employment without just, valid or
torts & damages A2010 - 143 - prof. casis

NATURE HELD - Flores is a prominent businessman, licensed and engaged in the real
Instant petition for review of the decision of the CA. 1. NO estate business, buying and selling houses and lots. Flores filed a
- Unlawful aggression was not proven. complaint against PNB when the appellant bank refused to honor his
FACTS - When self-defense is invoked, the defendant has the burden of proving Manager's Checks worth P1 Million because of the alleged shortage in
- Carlos Arcona pleaded not guilty to a murder using the justifying that the killing was justified. Even if the prosecution is weak, the case appellee's payment to the effect that he had to go back and forth the
circumstance of self-defense. The element of unlawful aggression by the cannot be dismissed because of the open admission of the killing. bank to encash said checks and that he lost a deal of a house for sale in
victim was not proven. He was convicted of murder with the mitigating - To prove self-defense, the accused must show with clear and Baguio City worth P1 Million as he could not produce said amount
circumstance of voluntary surrender. In this petition, the Court affirmed convincing evidence that: withheld by the appellant bank. Appellee Flores further testified as to the
CA decision but modified the damages. (1) he is not the unlawful aggressor; effect of the incident on his integrity as a businessman.
- Petitioner Carlos Arcona y Moban and his brother Benito Arcona y (2) there was lack of sufficient provocation on his part; and - Flores won in the suit and the LC awarded him P1M moral damages
Moban were charged with Murder and Frustrated Murder in separate (3) he employed reasonable means to prevent or repel the aggression. andt P100,000.00 exemplary damages, but was later reduced by the CA
informations. Both pleaded not guilty. - Self-defense is a question of fact. He failed to prove that there was to P100,000.00 and P25,000.00 respectively.
- At around 7:30 in the evening of June 27, 1986, Napoleon Ong and unlawful aggression of the part of the victim. Although the bolo of - PNB appealed from the decision, believing that no or lower amount of
Edgardo Talanquines were walking on their way home after coming from Napoleon was unsheathed, it does not conclude that there was unlawful damages should be awarded to Flores. As a defense, PNB even
a birthday party. When they were near the house of Jerry Boston, aggression. When Jerry Boston testified to hearing someone say, attacked Flores character by alluding to his alleged reputation as a
Edgardo heard a loud thud. He turned around saw Napoleon slump to the Caloy, I will kill you, he did not categorically say it was Napoleon; and iIt gambler and big time casino player. PNB asserted that Flores used
ground. Suddenly, someone hit Edgardo from behind with a piece of was still possible that he said it while being assaulted by Carlos. It was the proceeds of the managers check on the gaming table and not for
bamboo, causing him to fall. He saw no one in the immediate premises not possible that Carlos escaped his alleged ambush with out a scratch. purchase of a house.
except petitioner. Edgardo then stood up and ran towards the house of 2. CA was correct in increasing civil indemnity to 50K in line with existing
Cesar Umapas to ask for help. jurisprudence. In cases of murder, homicide, parricide and rape, civil ISSUE
- Prosecution witness Leo Zaragoza testified that he was standing in front indemnity in the amount of 50K is automatically granted to the offended WON the moral and exemplary damages should be reduced
of Jerry Boston house, about 7 meters away, when he saw petitioner party or his heirs in case of his death, without need of further evidence
stab Napoleon. other than the fact of the commission of the crime. HELD
- Napoleon died on the way to the hospital. The doctor certified that the - On the other hand, the award of moral damages (10K) must be NO
cause of death was the stab wound sustained at the stomach area just increased to 50K. As borne out by human nature and experience, a - The SC even increased the moral and exemplary damages awarded by
above the waistline. violent death invariably and necessarily brings about emotional pain and CA by 50% (P200,000.00 and P50,000.00 respectively).
- Carlos voluntarily surrendered go the police. anguish on the part of the victims family. It is inherently human to suffer Ratio There is no hard and fast rule in the determination of what would
- In his defense, Carlos alleged that he was walking alone when he met sorrow, torment, pain and anger when a loved one becomes the victim of be a fair amount of moral damages, since each case must be governed
Napoleon and Edgardo . Without any provocation, Napoleon suddenly a violent or brutal killing. Such violent death or brutal killing not only by its own peculiar circumstances.
drew his bolo and shouted, "Caloy, I will kill you!" Napoleon swung the steals from the family of the deceased his precious life, deprives them - Article 2217 of the Civil Code recognizes that moral damages which
bolo at him twice but missed him. Petitioner then drew out his knife and forever of his love, affection and support, but often leaves them with the include physical suffering, mental anguish, fright, serious anxiety,
stabbed Napoleon. When he saw Edgardo rushing towards him, he gnawing feeling that an injustice has been done to them. For this reason, besmirched reputation, wounded feelings, moral shock, social humiliation
grabbed a piece of bamboo from the newly constructed culvert and hit moral damages must be awarded even in the absence of any allegation and similar injury, are incapable of pecuniary estimation.
the former on the left arm. Edgardo ran away. Carlos also left the and proof of the heirs emotional suffering. - As to exemplary damages, Article 2229 of the Civil Code provides that
premises and went home. On the way, he met his brother, Benito, and - The award of actual damages in the amount of 10K was not such damages may be imposed by way of example or correction for the
together they proceeded to their house. substantiated. Only those expenses which are duly proven, or those that public good. While exemplary damages cannot be recovered as a matter
- TC convicted the Carlos Arcona of homicide, with the mitigating appear to have been genuinely incurred in connection with the death, of right, they need not be proved, although plaintiff must show that he is
circumstance of voluntary surrender, and acquitted him of attempted wake or burial of the victim, will be recognized in court. It was deleted. entitled to moral, temperate or compensatory damages before the court
homicide. He was ordered to pay indemnity of 30k for Napoleons death, Disposition petition for review is DENIED. The decision of CA is may consider the question of whether or not exemplary damages should
10K for actual damages, and 10K as moral damages. AFFIRMED with MODIFICATION. As modified, petitioner is further be awarded.
On the other hand, Benito Arcona was acquitted of homicide and ordered to pay the heirs of the deceased moral damages in the increased
convicted of attempted homicide. He was made to indemnify Edgardo the amount of 50KThe award of actual damages is deleted for lack of factual FULE V CA (CRUZ, BELARMINO)
sum of 10K as actual damages. and legal basis.
286 SCRA 698
- Only Carlos appealed. CA affirmed the TC findings but increased civil
liability to 50K. Hence, this petition. He maintains that it was self-defense. PNB V CA (FLORES) ROMERO; March 23, 1998
266 SCRA 136
ISSUES NATURE
1. WON all elements of self-defense were present KAPUNAN; 1997 Jan 6 Petition for review on certiorari
2. What are the proper damages to be rendered?
FACTS FACTS
torts & damages A2010 - 144 - prof. casis

- Fule, a corporate secretary of the Rural Bank of Alaminos (the Bank) by HELD him at that time, but PAL refused. Thus, respondent Pantejo was forced
profession and jeweler on the side, acquired a 10-hectare property in NO to seek and accept the generosity of a co-passenger, an Engr. Andoni
Rizal. The former owner, Jacobe, had mortgaged it to the Bank for a loan - In the instant case, the TC awarded damages analogous to malicious Dumlao, and he shared a room with the latter at Sky View Hotel with the
of 10k but it was later foreclosed and offered for public auction upon his prosecution under Article 2219(8) of the NCC for the following reasons: promise to pay his share of the expenses upon reaching Surigao.
default. - The malice with which petitioner filed the case is apparent. As an - When the flight for Surigao was resumed, Pantejo came to know that
- Petitioner asked Dichoso and Mendoza (the Agents) to look for an experienced jeweler who thoroughly examined the earrings himself and the hotel expenses of his co-passengers were reimbursed by PAL. At this
interested buyer, and found one in private respondent Dr. Cruz. At the went so far as to sketch them earlier, it is illogical that he would fail to point, Pantejo informed Oscar Jereza, PAL's Manager for Departure
time, petitioner had shown interest in buying a pair of emerald-cut exert extra effort to check its genuineness at the precise moment of the Services at Mactan Airport and who was in charge of cancelled flights,
diamond earrings from Dr. Cruz but never came to an agreed price. exchange. His acts thus failed to accord with what an ordinary prudent that he was going to sue the airline for discriminating against him. It was
Subsequently, negotiations for the barter of the jewelry and the property man would have done in the same situation. only then that Jereza offered to pay respondent Pantejo P300 which, due
ensued; upon the request of Dr. Cruz, it was found by Atty. Belarmino - As an experienced businessman and banker, he was shrewd enough to to the ordeal and anguish he had undergone, the latter decline.
that no barter was feasible because the 1-year period of redemption had bloat the propertys price from 25k to 75k only a few days after he had Thereafter, PAntejo filed an action for damages against PAL.
not expired. To get over this legal impediment, petitioner executed a purchased it for a far lower cost, the value of which still fell short of the - The RTC of Surigao City, rendered judgment against PAL, ordering the
deed of redemption on behalf of Jacobe. diamond earrings price. latter to pay Pantejo P300 for actual damages, P150,000 as moral
- Petitioner arrived at Belarminos residence with the agents to execute a - Also, it took him 2 hours of unexplained delay before complaining the damages, P100,000 as exemplary damages, P15,000.00 as attorney's
deed of absolute sale while Cruz held on to the earrings. Petitioner earrings were counterfeita period in which anything could have fees, and 6% interest from the time of the filing of the complaint until said
issued a certification stating the actual consideration of the sale was happened while petitioner was in possession of the jewelry. amounts shall have been fully paid, plus costs of suit.
Php200k and not Php80k as indicated in the deed. Since the earrings - Given this, it would appear that the cause of action in the instant case - On appeal, the CA affirmed the decision of the court a quo, but with the
were appraised at only Php160k, the remaining 40k was to be paid later was contrived by the petitioner himself in hopes of obtaining a favorable exclusion of the award of attorney's fees and litigation expenses.
in cash. This was done apparently to minimize the capital gains tax that outcome in his complaint to take the real jewelry, return a fake, and get
petitioner would have to shoulder. Petitioner headed for the bank to meet back the property. This is plain and simple, unjust enrichment. All that ISSUE
up with Cruz and pick up the earrings. When asked if the jewelry was ok, considered, the damages prayed for were reasonably proportionate to WON the lower courts erred in awarding damages in favor of plaintiff
petitioner nodded to express his satisfaction. Petitioner paid the agents the sufferings they underwent.
$300 and some pieces of jewelry, but not half of the pair of earrings in - Petitioner filed a malicious and unfounded case all the while dragging HELD
question as previously promised. down private respondents, whose reputations had been soiled by NO
- Later that evening, petitioner arrived at Belarminos residence petitioners coming to court with unclean hands. Because of the falsity, - It must be emphasized that a contract to transport passengers is quite
complaining the earrings were fake as confirmed by a tester. Petitioner malice and baseless nature of the complaint, defendants were compelled different in kind and degree from any other contractual relation, and this
accused the agents of deceiving him, which they denied. He nonetheless to litigate and are thus also entitled to the awarding of attorneys fees is because of the relation which an air carrier sustain with the public. Its
took back the $300 and jewelry given them. After another failed testing, under Article 2208. business is mainly with the travelling public. It invites people to avail of
the petitioner reported the matter to the police where the agents also Disposition decision of the CA is AFFIRMED. Dr. Cruz, however, is the comforts and advantages it offers. The contract of air carriage,
executed their sworn statements. ordered to pay petitioner the balance of the purchase price of Php40k therefore, generates a relation attended with a public duty. Neglect or
- Petitioner filed a complaint with the RTC to declare the contract of sale malfeasance of the carrier's employees naturally could give ground for an
over the property null and void on the ground of fraud and deceit. The PHILIPPINE AIRLINES INC V CA (PANTEJO) action for damages.
lower court denied the prayer for a writ of preliminary injunction over the - In ruling for Pantejo, both the RTC and the CA found that PAL acted in
275 SCRA 621
deed as they found that the genuine pair of earrings had been delivered bad faith in refusing to provide hotel accommodations for Pantejo or to
by Cruz. The 2 hours before petitioners complaint was considered REGALADO; July 17, 1997 reimburse him for hotel expenses incurred despite and in contrast to the
unreasonable delay, placing petitioner in estoppel. The Court furthered fact that other passengers were so favored.
that all elements of a valid contract were present, namely a meeting of NATURE Factors considered in computing damages
the minds, determinate subject matter, and price certain. As the earrings Appeal by certiorari > PAL acted in bad faith in disregarding its duties as a common carrier to
had been delivered and the contract of absolute sale executed, the its passengers and in discriminating against Pantejo. It was even
contract of barter or sale had been consummated. FACTS oblivious to the fact that PAntejo was exposed to humiliation and
- The Court also finds that the plaintiff acted in bad, awarding Cruz P300k - On October 23, 1988, private respondent Pantejo, then City Fiscal of embarrassment especially because of his government position and social
as moral damages and P100k as exemplary damages; Atty. Belarmino Surigao City, boarded a PAL plane in Manila and disembarked in Cebu prominence, which altogether necessarily subjected him to ridicule,
P250k as moral damages and P150k as exemplary damages; and City where he was supposed to take his connecting flight to Surigao City. shame and anguish. It remains uncontroverted that at the time of the
granting both P25k each as attorneys fees and litigation expenses. A However, due to typhoon Osang, the connecting flight to Surigao City incident, herein respondent was then the City Prosecutor of Surigao City,
petition with the CA yielded the same result, hence this petition. was cancelled. and that he is a member of the Philippine Jaycee Senate, past Lt.
- To accommodate the needs of its stranded passengers, PAL initially Governor of the Kiwanis Club of Surigao, a past Master of the Mount
ISSUE gave out cash assistance of P100.00 and, the next day, P200.00, for their Diwata Lodge of Free Masons of the Philippines, member of the
WON the TC erred in awarding damages expected stay of two days in Cebu. Pantejo requested instead that he be Philippine National Red Cross, Surigao Chapter,
billeted in a hotel at PAL's expense because he did not have cash with
torts & damages A2010 - 145 - prof. casis

and past Chairman of the Boy Scouts of the Philippines, Surigao del NATURE confirmed the reservations. First class tickets were subsequently issued,
Norte Chapter. Petition for review with the total fare having been fully paid before this.
- It is likewise claimed that the moral and exemplary damages awarded - As scheduled, they left Manila and as soon as they arrived in Tokyo,
to respondent Pantejo are excessive and unwarranted on the ground that FACTS they contacted PAN-AM's Tokyo office regarding their accommodations.
respondent is not totally blameless because of his refusal to accept the - Sumalpong shot the victim Ramos after the former slapped the latters For the given reason that the first class seats were all booked up, PAN-
P100 cash assistance which was inceptively offered to him. It bears wife. Before this, Sumalpong called upon the spouses then inquired AM's Tokyo office informed them that they could not go in that flight
emphasis that respondent Pantejo had every right to make such refusal regarding the identity of those who stoned his house, then accused unless they took the tourist class. Due to pressing engagements in the
since it evidently could not meet his needs and that was all that PAL Ramos of stoning his house. Ramos wife, Leonarda, remarked that he US, they were constrained to take PAN-AM's flight as tourist passengers.
claimed it could offer. should first confirm the information he received before accusing anyone, - Sen Lopez filed suit for damages alleging breach of contracts in bad
- His refusal to accept the P300 proffered as an afterthought when he then after this Sumalpong shot Leonarda at the back of her head (though faith by defendant out of racial prejudice against Orientals. He asked for
threatened suit was justified by his resentment when he belatedly found apparently, Leonarda was not harmed) then Ramos rushed towards P500T actual and moral damages, P100T exemplary damages, P25T
out that his co-passengers were reimbursed for hotel expenses and he Sumalpong who then shot Ramos twice but missed. They wrestled and in attorney's fees plus costs.
was not. Worse, he would not even have known about it were it not for a the act, Sumalpong bit on Ramos ear, causing its mutilation. - PAN-AM asserted that its failure to provide first class accommodations
co-passenger who verbally told him that she was reimbursed by the - TC: Sumalpong convicted of attempted homicide. Ramos awarded with to plaintiffs was due to honest error of its employees. It interposed a
airline for hotel and meal expenses. It may even be said that the P 16,800.00 for the loss of his crops due to his failure to attend to his counterclaim for atty's fees of P25T.
amounts, the time and the circumstances under which those amounts farmwork because of the injuries inflicted upon him by the petitioner, - CFI Rizal decision: in favor of plaintiff and granted (a) P100T, moral
were offered could not salve the moral wounds inflicted by PAL on private P2,000.00 for hospitalization expenses, and P5,000.00 by way of moral damages; (b) P20T, exemplary damages; (c) P25T, atty's fees, and costs
respondent but even approximated insult added to injury. damages. of the action.
- The discriminatory act of petitioner against respondent ineludibly - CA: affirm conviction, removed award for loss of crops and - Plaintiffs filed MFR asking that moral damages be increased to P400T
makes the former liable for moral damages under Article 21 in relation to hospitalization expenses, increased moral damages to P10,000.00, and and for 6% interest per annum on amount to be granted.
Article 2219 (10) of the Civil Code. Such inattention to and lack of care by awarding nominal damages in the same amount. - CFI modified decision: (a) P150T, moral damages; (b) P25T, exemplary
petitioner airline for the interest of its passengers who are entitled to its damages; with legal interest on both from date of filing of complaint until
utmost consideration, particularly as to their convenience, amount to bad ISSUE paid; (c) P25T, atty's fees; and costs of the action.
faith which entitles the passenger to the award of moral damages. WON the increase in moral damages is warranted - Both appealed: PAN-AM contended that there was NO bad faith; Lopez
- Moral damages are emphatically not intended to enrich a plaintiff at the et al wanted a total of P650T as award for damages.
expense of the defendant. They are awarded only to allow the former to HELD
obtain means, diversion, or amusements that will serve to alleviate the YES ISSUES
moral suffering he has undergone due to the defendant's culpable action - Anent the increase in the amount of moral damages awarded, suffice it 1. WON there was bad faith on the part of PAN-AM
and must, perforce, be proportional to the suffering inflicted. However, to state that the nature of the injuries and the degree of physical suffering 2. WON the amount of damages should be increased
substantial damages do not translate into excessive damages. Except for endured by the complainant warrants the same. The tragic incident
attorney's fees and costs of suit, it will be noted that the Court of Appeals caused a mutilation of complainant's left ear and a permanent scar on his HELD
affirmed point by point the factual findings of the lower court upon which right forearm. These injuries have left indelible marks on the 1. YES
the award of damages had been based. We, therefore, see no reason to complainant's body and will serve as a constant reminder of this Reasoning
modify the award of damages made by the trial court. traumatic experience. (more discussion on the modification of amount of - Defendant through its agents first cancelled plaintiffs, reservations
- Under the peculiar circumstances of this case, we are convinced that nominal damages and moral damages when it was not the issue by mistake and thereafter deliberately and intentionally withheld from
the awards for actual, moral and exemplary damages granted in the appealed, rationalization for deletion of actual and compensatory plaintiffs or their travel agent such information. In so misleading plaintiffs
judgment of respondent court, for the reasons meticulously analyzed and damages) into purchasing first class tickets in the conviction that they had confirmed
thoroughly explained in its decision, are just and equitable. It is high time Disposition the assailed decision of the Court of Appeals is hereby reservations, when in fact they had none, defendant wilfully and
that the travelling public is afforded protection and that the duties of AFFIRMED in toto. knowingly placed itself into the position of having to breach its contracts
common carriers, long detailed in our previous laws and jurisprudence with plaintiffs should there be no last-minute cancellation by other
and thereafter collated and specifically catalogued in our Civil Code in passengers before flight time, as it turned out in this case. Bad faith
LOPEZ V PAN AM WORLD AIRWAYS
1950, be enforced through appropriate sanctions. means a breach of a known duty through some motive of interest or ill-
16 SCRA 431 will.
VALENZUELA V CA BENGZON; March 30, 1966 - At any rate, granting all the mistakes advanced by the defendant, there
would at least be negligence so gross and reckless as to amount to
FACTS malice or bad faith.
SUMALPONG V CA (PEOPLE) - Sen Fernando Lopez, his wife, his son-in-law, and his daughter made 2. YES
268 SCRA 764 reservations, through their agency, for first class accommodations in the Ratio Moral damages are recoverable in breach of contracts where the
FRANCISCO, February 26, 1997 Tokyo San Francisco flight of PAN-AM. PAN-AM's SF head office defendant acted fraudulently or in bad faith (Art. 2220). Exemplary or
corrective damages may be imposed by way of example or correction for
torts & damages A2010 - 146 - prof. casis

the public good, in breach of contract where the defendant acted in a (2) P75T as exemplary or corrective damages; ISSUE
wanton, fraudulent, reckless, oppressive or malevolent manner (Art. (3) Interest at the legal rate of 6% per annum on the moral and WON the petitioner bank is liable for moral damages
2229, 2232). A written contract for an attorney's services shall control the exemplary damages, from date of amended CFI decision, until said
amount to be paid therefor unless found by the court to be damages are fully paid; HELD
unconscionable or unreasonable (Sec. 24, Rule 138, ROC). (4) P50T as attorney's fees; and YES
- Factors in determining Amount for Moral Damages: The amount of (5) Costs of action. Counterclaim dismissed. - Moral and exemplary damages may be awarded without proof of
damages awarded in this appeal has been determined by adequately pecuniary loss. In awarding such damages, the court shall take into
considering the official, political, social, and financial standing of the PRODUCERS BANK OF THE PHILS V CA (SPS CHUA) account the circumstances obtaining in the case and assess damages
offended parties on one hand, and the business and financial position of according to its discretion.
MELO; September 17, 2001
the offender on the other. The present rate of exchange and the terms at - As borne out by the record of this case, private respondents are
which the amount of damages awarded would approximately be in U.S. engaged in several businesses, such as rice and corn trading, cement
NATURE
dollars has also been considered. dealership, and gasoline proprietorship. The dishonor of private
Petition for review on certiorari of a decision and resolution of the CA
(a) MORAL DAMAGES respondents' checks and the foreclosure initiated by petitioner adversely
- As a proximate result of defendant's breach in bad faith of its contracts affected the credit standing as well as the business dealings of private
FACTS
with plaintiffs, the latter suffered social humiliation, wounded feelings, respondents as their suppliers discontinued credit lines resulting in the
- Sometime in April, 1982, respondent Salvador Chua was offered by Mr.
serious anxiety and mental anguish. It may not be humiliating to travel as collapse of their businesses.
Jimmy Rojas, manager of Producers Bank of the Philippines, to transfer
tourist passengers; it is humiliating to be compelled to travel as such, - In the case of Leopoldo Araneta vs. Bank of America, it was held that:
his account from Pacific Banking Corporation to herein petitioner bank.
contrary to what is rightfully to be expected from the contractual "The financial credit of a businessman is a prized and valuable asset, it
- Respondent spouses opened and maintained substantial savings and
undertaking. being a significant part of the foundation of his business. Any adverse
current deposits with, and likewise obtained various loans from petitioner
- Sen Lopez was then Senate President Pro Tempore. International reflection thereon constitutes some financial loss to him."
bank, one of which was a loan for P2,000,000.00 which was secured by a
carriers like defendant know the prestige of such an office. For the - The damage to private respondents' reputation and social standing
real estate mortgage and payable within a period of three (3) years or
Senate is not only the Upper Chamber of the Philippine Congress, but entitles them to moral damages. Article 2217, in relation to Article 2220,
from 1982 to 1985.
the nation's treaty-ratifying body. He was also former Vice-President of of the Civil Code explicitly provides that "moral damages include physical
- On January 20, 1984, private respondents deposited with petitioner
the Philippines. (MD = P100T) suffering, mental anguish, fright, serious anxiety, besmirched reputation,
bank the total sum of P960,000.00, which was duly entered in private
- Mrs. Maria Lopez, as wife of the Senator, shared his prestige and wounded feelings, moral shock, social humiliation, and similar injury."
respondents' savings account passbook.
therefore his humiliation. In addition she suffered physical discomfort - Obviously, petitioner bank's wrongful act caused serious anxiety,
- Petitioner bank failed to credit this deposit due to the fact that its Branch
during the 13-hour trip; her reason for going to the US was actually for embarrassment, and humiliation to private respondents for which they
Manager absconded with the money of the bank's depositors.
medical check-up and relaxation. The fact that the seating spaces in the are entitled to recover moral damages in the amount of P300,000.00
- Consequently, petitioner bank dishonored the checks drawn out by
tourist class are quite narrower than in first class will suffice to show that which we deem to be reasonable.
private respondents in favor of their various creditors on the ground of
she indeed experienced physical suffering during the trip. (MD = P50T) Disposition The decision of the Court of Appeals is affirmed with
insufficient funds, despite the fact that at that time, the balance of private
- Mr. and Mrs. Alfredo Montelibano, Jr., were travelling as immediate modification only as to the award of damages
respondents' deposit was in the amount of P1,051,051.19.
members of the family of Sen Lopez. Even if they initially wanted to
- Private respondents requested for copies of their ledgers covering their
change their seat reservations from first class to tourist class, they
savings and current accounts, but petitioner bank refused.
eventually paid for first class seats. Hence, they also suffered social
- Private respondents instituted on January 30, 1984 an action for
humiliation. (MD = P25T each)
damages against petitioner bank
(b) EXEMPLARY DAMAGES
- On the other hand, petitioner bank filed with the City Sheriff of Bacolod
- In view of its nature, it should be imposed in such an amount as to
a petition for extrajudicial foreclosure of the real estate
effectively deter similar breach of contracts in the future by defendant or
- Private respondents filed a complaint for injunction and damages,
other airlines. (ED = P75T) STREBEL V FIGUERAS
alleging that the petition for extrajudicial foreclosure was without basis
(c) ATTORNEYS FEES
and was instituted maliciously in order to harass private respondents. 96 PHIL 321
- Record shows a written contract of services wherein plaintiffs engaged
- On April 26, 1988, the trial court rendered its decision on the latter case, CONCEPCION; December 29, 1954
the services of their counsel Atty. Francisco and agreed to pay the
in favor of the spouses Chua, awarding the sum of P2,000,000.00 as
sum of P25T upon the termination of the case in the CFI, and another
moral damages, and the sum of P250,000.00 as exemplary damages, FACTS
P25T if case is appealed to the SC. This is reasonable considering the
among others. - Strebels side: As a lessee of a lot situated in Santa Mesa, Manila,
subject matter of the present controversy, the professional standing of
- On October 31, 1991, upon appeal by petitioner bank, the Court of plaintiff Strebel subleased part thereof to the Standard Vacuum Oil
the attorney for plaintiffs-appellants, and the extent of the service
Appeals modified the decisionone of the changes was the award of the Company; that the latter constructed thereon a Mobilgas Station which
rendered by him.
sum of P500,000.00 as moral and exemplary damages. was operated by Eustaquio & Co., a partnership organized by said
Disposition Judgment appealed from is hereby MODIFIED so as to
- Petitioner moved for a consideration but the same was denied, hence, plaintiff and one Primo Eustaquio, that, "out of spite and with a view to
award in favor of plaintiffs and against defendant, the following:
this petition the eventual acquisition of the said property for himself and his men,"
(1) P200T as moral damages, divided among plaintiffs;
defendant Jose Figueras "tried all he could to built a drainage through"
torts & damages A2010 - 147 - prof. casis

the aforementioned property; that, in order to accomplish this purpose, Neither could he have any arising from the assignment of his wife's Moreover, it merely contains a criticism of the action taken by the court.
and, using his official and political influence, defendant Figueras, then son-in-law from the Bureau of Prisons - to which he had been previously The reference, therein imputed to the Director of Labor, to the flagrant
Under-Secretary of Labor, caused. his co-defendant Cornelio S. Ruperto, assigned temporarily to the Bureau of Immigration, for violation of the eight-hour labor law by the accused, was a mere
an Assistant City Fiscal of Manila, to prepare an opinion which was 1.The authority of the Secretary of Justice to make the assignment in reiteration of the theory of the Bureau of Labor, which the prosecution
signed by the City Fiscal, holding that the City of Manila has a right to question and the validity thereof, under said legal provision, are had adopted by filing the information in said case. Being a matter of court
construct said drainage, and, to this effect, make the necessary submitted. Hence, it is not claimed that said officer may be held civilly record, which had been taken up at the hearing held publicly, and settled
excavations at the boundary line of said lot leased to Strebel and the lot liable for the aforementioned assignment. This being the case, how can in a decision already promulgated, said theory was open for public
belonging to Figueras such responsibility be exacted from Figueras who, it is urged, merely consumption, and, hence, an allusion thereto or statement thereof, in
- Plaintiff Strebel also claims that defendant Figueras "by making use of instigated said assignment? order to justify said criticism, is not actionable.
his official and political connections," was able to induce the Secretary of 2.Even if we assumed the act complained of to be wrong or to have - As regards the malicious prosecution point raised by Strebel, by specific
Justice to transfer temporarily, from the Bureau of Immigration to the caused injury, the right of action hypotethically resulting therefrom, if any mandate of Article 2219 of the Civil Code of the Philippines,
Bureau of Prisons, one Dr. Manuel Hernandez, the husband of plaintiff's on which we need not, and do not, express any opinion would have however, moral damages may not be recovered in cases of crime or
step daughter; accrued in favor of Dr. Hernandez who is not a party in the present tort, unless either results or causes "physical injuries," which are
- Plaintiff asked Secretary Nepomuceno to mediate between them and action not plaintiff herein. lacking in the case at bar. Although the same article permits recovery of
Under-Secretary of Labor to forget about past family problems. - "As a general rule, the right of recovery for mental suffering resulting said damages in cases of malicious prosecution, this feature of said
- Plaintiff later on claims that Figueras still didnt forget about the past and from bodily injuries is restricted to the person who has suffered the bodily provision may not be availed of by the plaintiff herein, inasmuch as the
"making use of his official and political influence," and with the hurt, and there can be no recovery for distress caused by sympathy for acts set forth in the complaint took place in 1949, or before said Code
cooperation of his former secretary, defendant Cornelio S. Ruperto, an another's suffering, or for fright due to a wrong against a third person. So became effective (laws shouldnt have retroactive effect).
Assistant City Fiscal of Manila, as well as "in connivance with the Director the anguish of mind arising as to the safety of others who may be in
of Labor" which office was then held by defendant Felipe E. Jose, "and personal peril from the same cause cannot be taken into consideration. ABS-CBN V CA (REPUBLIC BROADCASTING CORP,
other employees in the Department and Bureau of Labor," defendant - '. . . damages are not recoverable for fright or shock even when
VIVA FILMS)
Figueras succeeded in securing the institution, against plaintiff Strebel, sustained as result of wilful act, unless such act was directed toward
and his partner, Primo Eustaquio, of Criminal Case No. 11005 of the person or property or person seeking recovery; hence plaintiff is not DAVIDE; January 21, 1999
Court of First Instance of Manila, for allegedly compelling several entitled to recover against administratrix of sister's murderer for fright or
employees to work more than eight (8) hours a day, in violation of shock caused by viewing mutilated body of murdered sister. The rule on FACTS
Commonwealth Act No. 444, in relation to Commonwealth Act No. 303, this point, as stated in the American Jurisprudence, is: "Injury or Wrong - ABS-CBN, by virtue of contract with VIVA, had an exclusive right to
although before the filing of the information "the defendants collectively to Another. In law mental anguish is restricted as a rule, to such exhibit some Viva films. ABS-CBN had a right of first refusal. VIVA gave
and singly knew that the allegations therein are false;" that said criminal mental pain or suffering as arises from an injury or wrong to the ABS-CBN 3 packages (36 titles) to choose from. VP for ABS Charo
case was subsequently dismissed by the Court of First Instance of Manila person himself, as distinguished from that form of mental suffering Santos-Concio wrote VIVA that they are not accepting the list because
for failure of the prosecution "to establish even a prima facie case against which is the accompaniment of sympathy or sorrow for another's there were only 10 titles there that they could potentially purchase. ABS
the accused"; suffering or which arises from a contemplation of wrongs asked for another list, saying they had quite an attractive offer to make.
- Through the foregoing series of acts, the defendants have "caused committed on the person of another. Pursuant to the rule stated, a - VIVA gave ABS a new list: 52 original movie titles (never before aired
moral and mental suffering to the . . . plaintiff, his wife, and his entire husband or wife cannot recover for mental suffering caused by his on TV) and 104 reruns. VIVAs proposal was P60M (P30M cash, P30M
family, and damage to his business in the amount of P15,000.00 besides or her sympathy for the other's suffering." It should be noted that TV spots) for 52 originals and 52 reruns.
actual damages in the amount of P1,500.00 paid to his attorney in plaintiff is not even related to Dr. Hernandez. The latter's wife is a - Del Rosario (VIVAs rep) and Eugenio Lopez III had a mtg re this in
defending himself from the malicious charge," daughter of Mrs. Strebel by a previous marriage. Hence Dr. Hernandez is Tamarind Grill Restaurant. Accdg to ABSCBN, the mtg culminated in Del
merely related by affinity, not to Strebel, but to a relative by affinity of said Rosario accepting ABSCBNs offer of P35M for 52 of the films VIVA was
ISSUE plaintiff. selling for P60M plus Maging Sino Ka Man.
WON Plaintiff may recover damages for moral and mental suffering - Another allegation made by plaintiffs in arguing their cause of action to - VIVA said this wasnt their agreement and that they refuse to sell
recover damages, they said that "with a view to further injuring" him "and anything less the 104-movie package for P60M. In the meantime, RBS
HELD besmirching his good name in the community and waging a cleavage in bought the 104-film package (which included Maging Sino Ka Man) for
NO the harmonious relation between Eustaquio & Co. and its laborers," P60M. There were ads in the newspapers for the airing of the movie on
- The plan to built said drainage was seemingly abandoned before defendants Felipe E. Jose and Cornelio S. Ruperto issued a press Channel 7.
plaintiff's property rights could be violated. There was nothing wrong, statement to the effect that plaintiff Strebel and his partner, Eustaquio - ABSCBN filed a case in RTC to enjoin RBS from airing 14 VIVA films,
either legally or morally, in the desire of Figueras to seek an outlet for the had flagrantly violated the provisions of the Eight-Hour Law and that said including Maging Sino Ka Man. RTC granted a preliminary injunction; but
water coming from his property. On the contrary, it is required by the Criminal Case had been dismissed by the court on a flimsy ground; and lifted the same after RBS put up a counterbond.
elementary principles of health and sanitation. Besides, there is no that this statement had "caused moral and mental suffering to the herein - ABSCBN filed a petition in the CA to challenge the RTC decision. CA
allegation that any lot other than that of plaintiff Strebel was better suited plaintiff and damage to his business in the amount of P5,000.00," The granted TRO, but eventually dismissed ABSCBNs petition and made
for the purpose. Supreme Court said that this news item mentions, neither the number of them pay for actual, moral and exemplary damages and attys fees to
the case referred to, nor the names of the persons accused therein. RBS, and attys fees to VIVA.
torts & damages A2010 - 148 - prof. casis

ISSUE - Moral damages are in the category of an award designed to participate as one of the bidders. After the public bidding was conducted,
WON RBS may recover damages from ABSCBN compensate the claimant for actual injury suffered and not to impose a PHIBRO's bid was accepted. NAPOCOR's acceptance was conveyed in
penalty on the wrongdoer. The award is not meant to enrich the a letter. PHIBRO sent word to NAPOCOR that industrial disputes might
HELD complainant at the expense of the defendant, but to enable the injured soon plague Australia, the shipment's point of origin, which could
NO party to obtain means, diversion, or amusements that will serve to seriously hamper PHIBRO's ability to supply the needed coal. PHIBRO
ACTUAL DAMAGES obviate the moral suffering he has undergone. It is aimed at the again apprised NAPOCOR of the situation in Australia, particularly
- Except as provided by law or by stipulation, one is entitled to restoration, within the limits of the possible, of the spiritual status quo informing the latter that the ship owners therein are not willing to load
compensation for actual damages only for such pecuniary loss suffered ante, and should be proportionate to the suffering inflicted. cargo unless a "strike-free" clause is incorporated in the charter party or
by him as he has duly proved. The indemnification shall comprehend not - The award of moral damages cannot be granted in favor of a the contract of carriage. In order to hasten the transfer of coal, PHIBRO
only the value of the loss suffered, but also that of the profits that the corporation because, being an artificial person and having existence only proposed to NAPOCOR that they equally share the burden of a "strike-
obligee failed to obtain. In contracts and quasi-contracts the damages in legal contemplation, it has no feelings, no emotions, no senses. It free" clause. NAPOCOR refused.
which may be awarded are dependent on whether the obligor acted with cannot, therefore, experience physical suffering and mental anguish - Subsequently, PHIBRO received from NAPOCOR a confirmed and
good faith or otherwise. In case of good faith, the damages recoverable which can be experienced only by one having a nervous system. The workable letter of credit. Instead of delivering the coal on or before the
are those which are the natural and probable consequences of the award for damages must be set aside, since RBS is a corporation. thirtieth day after receipt of the Letter of Credit, as agreed upon by the
breach of the obligation and which the parties have foreseen or could EXEMPLARY DAMAGES parties in the July contract, PHIBRO effected its first shipment only on
have reasonably foreseen at the time of the constitution of the obligation. - These are imposed by way of example or correction for the public November 17, 1987.
If the obligor acted with fraud, bad faith, malice, or wanton attitude, he good, in addition to moral, temperate, liquidated, or compensatory - Consequently, in October 1987, NAPOCOR once more advertised for
shall be responsible for all damages which may be reasonably attributed damages. They are recoverable in criminal cases as part of the civil the delivery of coal to its Calaca thermal plant. PHIBRO participated
to the non-performance of the obligation. In crimes and quasi-delicts, the liability when the crime was committed with one or more aggravating anew in this subsequent bidding. On November 24, 1987, NAPOCOR
defendant shall be liable for all damages which are the natural and circumstances; in quasi-delicts, if the defendant acted with gross disapproved PHIBRO's application for pre-qualification to bid for not
probable consequences of the act or omission complained of, whether or negligence; and in contracts and quasi-contracts, if the defendant acted meeting the minimum requirements. Upon further inquiry, PHIBRO found
not such damages have been foreseen or could have reasonably been in a wanton, fraudulent, reckless, oppressive, or malevolent manner. that the real reason for the disapproval was its purported failure to satisfy
foreseen by the defendant. - The claim of RBS against ABS-CBN is not based on contract, quasi- NAPOCOR's demand for damages due to the delay in the delivery of the
- Actual damages may likewise be recovered for loss or impairment of contract, delict, or quasi-delict. The claims for moral and exemplary first coal shipment.
earning capacity in cases of temporary or permanent personal injury, or damages can only be based on Articles 19, 20, and 21 of the Civil Code. - This prompted PHIBRO to file an action for damages with application
for injury to the plaintiff's business standing or commercial credit. - Arts 19-21 have at their very core the common element of malice or for injunction against NAPOCOR with the Regional Trial Court, Branch
- RBS claims actual damages based on Arts 19-21 for the injunction for bad faith. Such intentional design to do a wrongful act must be proved by 57, Makati City. In its complaint, PHIBRO alleged that NAPOCOR's act of
having to put up a counterbond. The SC said that since ABS had not evidence. Here, ABSCBN was honestly convinced of the merits of its disqualifying it in the October 1987 bidding and in all subsequent
posted a bond and was in fact still challenging it, RBS didnt have to put cause after it had undergone serious negotiations culminating in its biddings was tainted with malice and bad faith. PHIBRO prayed for
up the counterbond. formal submission of a draft contract. Settled is the rule that the adverse actual, moral and exemplary damages and attorney's fees.
- RBS also claims actual damages for the advertisements for the airing result of an action does not per se make the action wrongful and subject - In its answer, NAPOCOR averred that the strikes in Australia could not
of Maging Sino Ka Man. The SC said that ABS is not liable for lack of the actor to damages, for the law could not have meant to impose a be invoked as reason for the delay in the delivery of coal because
sufficient basis. The prelim injunction was lifted by RTC upon RBS paying penalty on the right to litigate. If damages result from a person's exercise PHIBRO itself admitted that as of July 28, 1987 those strikes had already
the counterbond, and not on any legal and factual basis. of a right, it is damnum absque injuria. ceased. And, even assuming that the strikes were still ongoing, PHIBRO
ATTYS FEES Disposition Petition Granted. CA decision reversed, except to should have shouldered the burden of a "strike-free" clause because their
- As regards attorney's fees, the law is clear that in the absence of unappealed award of Attys damages of Viva Films. contract was "C and F Calaca, Batangas, Philippines," meaning, the cost
stipulation, attorney's fees may be recovered as actual or compensatory and freight from the point of origin until the point of destination would be
damages under any of the circumstances provided for in Article 2208 of NPC v PHILIPP BROTHERS OCEANIC for the account of PHIBRO. Furthermore, NAPOCOR claimed that due to
the Civil Code. PHIBRO's failure to deliver the coal on time, it was compelled to
369 SCRA 629
- The general rule is that attorney's fees cannot be recovered as part of purchase coal from ASEA at a higher price. NAPOCOR claimed for
damages because of the policy that no premium should be placed on the SANDOVAL-GUTIERREZ; November 20, 2001 actual damages in the amount of P12,436,185.73, representing the
right to litigate. They are not to be awarded every time a party wins a suit. increase in the price of coal, and a claim of P500,000.00 as litigation
The power of the court to award attorney's fees under Article 2208 NATURE expenses.
demands factual, legal, and equitable justification. Even when a claimant Appeal by certioriari to review and set aside the decision of the Court of - Thereafter, trial on the merits ensued. The trial court decided in favor of
is compelled to litigate with third persons or to incur expenses to protect Appeals PHIBRO. Unsatisfied, NAPOCOR elevated the case to the Court of
his rights, still attorney's fees may not be awarded where no sufficient Appeals. The Court of Appeals rendered a Decision affirming in toto the
showing of bad faith could be reflected in a party's persistence in a case FACTS Decision of the Regional Trial Court.
other than an erroneous conviction of the righteousness of his cause. - The National Power Corporation (NAPOCOR) issued invitations to bid
MORAL DAMAGES for the supply and delivery of 120,000 metric tons of imported coal for its ISSUE
Batangas Coal-Fired Thermal Power Plant in Calaca, Batangas. The WON PHIBRO is entitled to damages
Philipp Brothers Oceanic, Inc. (PHIBRO) prequalified and was allowed to
torts & damages A2010 - 149 - prof. casis

the alleged unearned profits is not too speculative and conjectural as to AS REGARDS ACTUAL OR COMPENSATORY DAMAGES:
HELD show the actual damages which may be suffered on a future period. - V is not entitled to such damages as his basis is highly speculative.
NO - The award of moral damages is likewise improper. To reiterate, - A2199 NCC provides:
- NAPOCOR was not bound under any contract to approve PHIBRO's NAPOCOR did not act in bad faith. Moreover, moral damages are not, as Except as provided by law or by stipulation, one is entitled to an
pre-qualification requirements. In fact, NAPOCOR had expressly a general rule, granted to a corporation. While it is true that besmirched adequate compensation only for such pecuniary loss suffered by him
reserved its right to reject bids. And where the government as advertiser, reputation is included in moral damages, it cannot cause mental anguish as he has duly proved. Such compensation is referred to as actual or
availing itself of that right, makes its choice in rejecting any or all bids, the to a corporation, unlike in the case of a natural person, for a corporation compensatory damages.
losing bidder has no cause to complain nor right to dispute that choice has no reputation in the sense that an individual has, and besides, it is - Malonzo vs. Galang: He who claims actual or compensatory damages
unless an unfairness or injustice is shown. inherently impossible for a corporation to suffer mental anguish. must establish and prove by competent evidence actual pecuniary loss.
- Owing to the discretionary character of the right involved in this case, - Neither can we award exemplary damages under Article 2234 of the - Ventanillas allegation that by Centenos negligence in not paying the
the propriety of NAPOCOR's act should therefore be judged on the basis Civil Code. Before the court may consider the question of whether or not appeal bond of P60, V lost his chance to recover from the defendants
of the general principles regulating human relations, the forefront exemplary damages should be awarded, the plaintiff must show that he is therein the sum of P4,000 and moral and actual damages, which V could
provision of which is Article 19 of the Civil Code which provides that entitled to moral, temperate, or compensatory damages. have recovered if the appeal had duly been perfected, indicates that his
"every person must, in the exercise of his rights and in the performance - This Court has also laid down the rule that in the absence of stipulation, claim for actual or compensatory damages is highly speculative.
of his duties, act with justice, give everyone his due, and observe honesty a winning party may be awarded attorney's fees only in case plaintiff's AS REGARDS MORAL DAMAGES:
and good faith." Accordingly, a person will be protected only when he action or defendant's stand is so untenable as to amount to gross and - Since the VENTANILLAS cause of action for recovery of moral
acts in the legitimate exercise of his right, that is, when he acts with evident bad faith. This cannot be said of the case at bar. NAPOCOR is damages is not predicated upon any of those specifically enumerated
prudence and in good faith; but not when he acts with negligence or justified in resisting PHIBRO's claim for damages. (under A2219, Arts. 21, 26, 27, 28, 29, 30, 32, 34 and 35 on the chapter
abuse. 3 on human relations (par. 10, Art. 2219) TC did not err in declining to
- NAPOCOR's act of disapproving PHIBRO's application for pre- VENTANILLA V CENTENO award moral damages to him
qualification to bid was without any intent to injure or a purposive motive -V claims that he suffered mental anguish upon learning that his appeal
PADILLA; January 28, 1961
to perpetrate damage. Apparently, NAPOCOR acted on the strong had not been perfected within the reglementary period due to the
conviction that PHIBRO had a "seriously-impaired" track record. Centeno's negligence; serious anxiety upon learning that his adversary
NAPOCOR cannot be faulted from believing so. We cannot fault NATURE had won by a mere technicality; besmirched reputation for losing the
NAPOCOR if it mistook PHIBRO's unexpected offer a mere attempt on APPEAL opportunity to substantiate his claim made while testifying in open court
the latter's part to undercut ASEA or an indication of PHIBRO's that he was entitled to collect the sum of P4,000 and damages from the
inconsistency. The circumstances warrant such contemplation. FACTS defendants in civil No. 18833; and wounded feelings for the Centenos
- One who acted pursuant to the sincere belief that another willfully - Ventanilla instituted this action to recover damages against his lawyer, failure to remain faithful to his client and worthy of his trust and
committed an act prejudicial to the interest of the government cannot be Atty. Centeno for neglecting to perfect within the reglementary period his confidence. (SEE A2217, 2219 AND 2220 NCC)
considered to have acted in bad faith. Bad faith has always been a (V) appeal from an adverse judgment rendered by the CFI of Manila. -Malonzo vs. Galang:
question of intention. It is that corrupt motive that operates in the mind. - TCs facts showed that the required appeal bond was not filed by Atty. . . .Art. 2219 specifically mentions "quasi-delicts causing physical
As understood in law, it contemplates a state of mind affirmatively Centeno. The fact that the record on appeal was admitted for filing is the injuries," as an instance when moral damages may be allowed,
operating with furtive design or with some motive of self-interest or ill-will best evidence that Atty. Centeno had not in fact filed any appeal bond. thereby implying that all other quasi-delicts not resulting in physical
or for ulterior purpose. While confined in the realm of thought, its The record on appeal was disapproved because it was filed out of time injuries are excluded (Strebel vs. Figueras, G.R. L-4722, Dec. 29,
presence may be ascertained through the party's actuation or through and no appeal bond had been filed by the plaintiff. 1954), excepting, of course, the special torts referred to in Art. 309
circumstantial evidence. The circumstances under which NAPOCOR - TC: rendered judgment in favor of V; ordered Centeno to pay V the sum (par. 9, Art. 2219) and in Arts. 21, 26, 27, 28, 29, 30, 32, 34 and 35 on
disapproved PHIBRO's pre-qualification to bid do not show an intention to of P200 as nominal damages and the costs. the chapter on human relations (par. 10, Art. 2219).
cause damage to the latter. The measure it adopted was one of self- - V appealed to the CA which certified the case to this Court on the CONCERNING TEMPERATE OR MODERATE DAMAGES:
protection. Consequently, we cannot penalize NAPOCOR for the course ground that only questions of law are raised. The defendant did not - Considering that he is not entitled to actual or compensatory damages
of action it took. NAPOCOR cannot be made liable for actual, moral and appeal. but has been awarded nominal damages by the TC, such award
exemplary damages. precludes the recovery of temperate or moderate damages, and so TC
- Basic is the rule that to recover actual damages, the amount of loss ISSUE did not err in refusing to award temperate or moderate damages to the
must not only be capable of proof but must actually be proven with WON TC erred in not ordering the Centeno to pay him actual or Ventanilla
reasonable degree of certainty, premised upon competent proof or best compensatory, moral, temperate or moderate, and exemplary or AS REGARDS EXEMPLARY OR CORRECTIVE DAMAGES:
evidence obtainable of the actual amount thereof. A court cannot merely corrective damages; in ordering that only the sum of P200 be paid to - It cannot be recovered as a matter of right and the court will decide
rely on speculations, conjectures, or guesswork as to the fact and him, and not P2,000 as nominal damages; and in not ordering that the whether or not they should be adjudicated, if the defendant acted in a
amount of damages. Thus, while indemnification for damages shall sum of P500 as attorney's fee be paid as well. wanton, fraudulent, reckless, oppressive or malevolent manner. TC didnt
comprehend not only the value of the loss suffered, but also that of the err in not giving any.
profits which the obligee failed to obtain, it is imperative that the basis of HELD NOMINAL DAMAGES
NO
Reasoning
torts & damages A2010 - 150 - prof. casis

- Considering the circumstances and the degree of negligence committed - But it is obvious that right of vendee was violated by petitioner and this families which started when she failed to bring along victims mother to
by ATTY CENTENO in not depositing on time the appeal bond and filing entitles her at least to NOMINAL DAMAGES. the market to sell fish.
the record on appeal within the extension period granted by the court, - NOMINAL DAMAGES are not for indemnification of loss suffered but for - RTC found Gopio guilty of statutory rape and ordered him to pay P3,727
which brought about the refusal by the TCto allow the record on appeal, vindication or recognition of a right. as actual damages and P30,000 as moral damages.
the amount of P200 awarded by the TC to VENTANILLA as nominal - NOMINAL DAMAGES are damages in name only and not in fact, and
damages may seem exiguous. are allowed simply in recognition of a technical injury. ISSUES
- Nevertheless, considering that nominal damages are not for - P20,000.00 is excessive. The admitted fact that petitioner corporation 1. WON accused-appellant was guilty beyond reasonable doubt
indemnification of loss suffered but for the vindication or recognition of a failed to convey a transfer certificate of title to respondent Milian because 2. WON award of damages was correct
right violated or invaded; and that even if the appeal in civil case No. the subdivision property was mortgaged to the GSIS does not in itself
18833 had been duly perfected, it was not an assurance that the show that there was bad faith or fraud. Bad faith is not to be presumed. HELD
appellant would succeed in recovering the amount he had claimed in his Moreover, there was the expectation of the vendor that arrangements 1. YES
complaint, the amount of P2,000 the appellant seeks to recover as were possible for the GSIS to make partial releases of the subdivision - On alibi: Victim positively identified accused-appellant as the perpetrator
nominal damages is excessive. lots. of the crime and categorically testified that she had been raped by
- A2221 of NCC provides: accused-appellant. When a rape victims testimony is straightforward and
Nominal damages are adjudicated in order that a right of the plaintiff, PEOPLE V GOPIO candid, unshaken by rigid cross-examination and unflawed by
which has been violated or invaded by the defendant, may be inconsistencies or contradictions in its material points, the same must be
346 SCRA 408
vindicated or recognized, and not for the purpose of given full faith and credit.
indemnifying the plaintiff for any loss suffered by him. MENDOZA; November 29, 2000 - On victims failure to immediately report incident: The victims delay in
- A2216; Del Castillo vs. Guerrero[1960]: The assessment of nominal reporting the offense is not an indication of a fabricated charge. Victim
damages is left to the discretion of the court, according to the NATURE feared that accused-appellant would hurt her and her family and that her
circumstances of the case. Appeal from Decision of RTC friends would spread the news about her plight. Had it not been for that
AS REGARDS ATTORNEY'S FEES: medical examination, the victim would not have told them about the rape
- since the V's claim does not fall under any of those enumerated in FACTS committed by accused-appellant. This explains the delay in reporting the
A2208 NCC, the V may not be compelled to satisfy it. - Princess Millano, 10 years old, went to Agustin Gopios store to buy crime in this case.
Disposition TCs judgment affirmed cooking oil. However, it was closed. As Millano was about to leave, Gopio - On failure of the information to indicate the approximate time of the
called her. When she came near him, he seized her, brought her inside commission of the offense: The phrase in the information, that sometime
his empty house, brought her to his bedroom and raped her. As she in 1995. . . has sufficiently apprised accused-appellant of the crime
ROBES-FRANCISCO REALTY V CFI AND MILLAN
would not stop crying, he eventually let her go. which he allegedly committed in 1995. It bears stressing that, in the case
MUOZ-PALMA; October 30, 1978 - The victim rushed home. Although she felt intense pain and was of rape, the date of commission is not an essential element of the
actually bleeding, she did not inform her mother of what happened to her. offense, what is material being the occurrence thereof and not the time of
FACTS - Victim related that she was molested by Gopio in 2 other occasions in its commission. In any event, it is now too late in the day to question the
- Robes-Francisco Realty sold to Millan a parcel of land. Millan complied the same year. The first happened when she went to her godsisters form or substance of the information because when he entered his plea
and paid. She made repeated demands to execute final deed of sale and house and found the accused playing cards. She was about to leave at his arraignment, accused-appellant did not object to the sufficiency of
for issuance to her of TCT over the lot. Parties executed deed of when she saw her godsisters brother crying inside the room. She went the information against him.
absolute sale. But corp failed to cause issuance of TCT because title inside and the accused followed him, locked the door and caressed her - On irregularity of arrest: He failed to raise objections to his arrest at the
was included among properties of corp mortgaged to GSIS to secure an private parts. The second instance was when the accused followed her earliest possible opportunity. The record shows that he voluntarily
obligation. Hence, a complaint for specific performance and damages. on her way to her grandfathers house to get the pail requested by her entered a plea of not guilty when he was arraigned, thereby waiving his
aunt. right to question any irregularity in his arrest.
ISSUE - The victim did not confide to her family about these incidents because 2. NO
WON Robes-Francisco is liable for damages she was very afraid of accused-appellant and of what her parents would - The award of actual damages must be deleted in the absence of proof
do to her. Likewise, the victim was ashamed and worried that her friends required by Art. 2199 of the Civil Code. To be entitled to actual and
HELD would spread the news regarding her unfortunate experience. compensatory damages, there must be competent proof constituting
YES - Victims mother testified about victims age. She also said that after the evidence of the actual amount thereof, such as receipts showing the
- Robes-Francisco is guilty of delay, amounting to non-performance. It is incident, her daughter became inattentive and withdrawn. Her daughters expenses incurred on account of the rape incident. In this case, only the
liable for damages under Art 1170 of CC. grades even dropped. Subsequently, she brought the victim to the laboratory fee issued by the hospital amounting to P350 was duly
- But Robes-Francisco contends that Millan is bound by terms of Municipal Health Center because the latter has been experiencing navel receipted. The rest of the documents were merely a doctors prescription
provision and cant recover more than what is agreed upon. This pains. This is when she discovered that her child got raped. She and a handwritten list of food expenses.
argument is devoid of merit. We would agree if the clause were to be a presented receipts covering medical, transportation, food, and other - Nevertheless, under Article 2221 of the Civil Code, nominal
penal clause. But this clause doesnt convey any penalty. expenses which she allegedly incurred on account of the incident. damages are adjudicated in order that the right of the plaintiff,
- Unfortunately, vendee submitted her case below without presenting - Gopio denied allegations and said that he was in Novaliches in May and which has been violated or invaded by the defendant, may be
evidence on actual damages suffered by her. June 1995 to sell fish. He claims that there was animosity between their
torts & damages A2010 - 151 - prof. casis

vindicated or recognized, and not for the purpose of indemnifying the - Dr. Armovit protested in extreme agitation that because of the bump-off in up to the time of their ultimate departure. He was a witness when the
plaintiff for any loss suffered by him. As has been held, whenever he will not be able to keep his appointments with his patients in the US. check-in officer rudely informed the Armovits that their flight had already
there has been a violation of an ascertained legal right, although no They suffered anguish, wounded feelings, and serious anxiety day and taken off, while Dr. Armovit remonstrated that their tickets reflected their
actual damages resulted or none are shown, the award of nominal night of January 17th until the morning of January 18th when they were flight time to be 10:30 AM; that in anger and frustration, Dr. Armovit told
damages is proper. In this case, the victims family clearly incurred finally informed that seats will be available for them on the flight that day. the said check-in-officer that he had to be accommodated that morning
medical expenses due to the rape committed by accused-appellant. The - The RTC ruled in favor of the Armovits and ordered Northwest to pay so that he could attend to all his appointments in the US; that Jacqueline
victim suffered from pains in her navel which required her physical actual (P1,300), exemplary (P1,100,000) and moral (P1,100,000) Armovit also complained about not being able to report for work at the
examination. An award of P2k as nominal damages is thus appropriate damages as well as attorneys fees. The CA affirmed but eliminated the expiration of her leave of absence; that while the Armovits had to accept
under the circumstances. moral damages on the ground that petitioners did not take the witness Northwest's offer for hotel accommodations at the Philippine Village Hotel
- Based on current rulings, the award of moral damages should be stand to testify on their social humiliation, wounded feelings and anxiety, so that they could follow up and wait for their flight out of Manila the
increased to P50k irrespective of proof thereof. and that the breach of contract was not malicious or fraudulent. It also following day, they did not use their meal coupons because of the
- In addition, the victim is entitled to the award of P50k as civil indemnity reduced the exemplary damages to P170,000. Armovits motion for limitations thereon so they had to spend for lunch, dinner, and breakfast
which must be given even if there is neither allegation nor evidence reconsideration was denied. in the sum of P1,300 while waiting to be flown out of Manila; that Dr.
presented as basis therefore. Armovit had to forego the professional fees for the medical appointments
Disposition RTC decision modified. Accused-appellant is ordered to pay ISSUE he missed due to his inability to take the January 17 flight; that the
the victim the amounts of P2k by way of nominal damages, P50k as WON the CA erred in deleting the award of moral damages petitioners were finally able to fly out of Manila on January 18, 1982, but
moral damages, and the additional amount of P50k as civil indemnity, were assured of this flight only on the very morning of that day, so that
plus the costs of the suit. HELD they experienced anxiety until they were assured seats for that flight.
1. NO. - No doubt Atty. Raymund Armovit's testimony adequately and sufficiently
Ratio A contract to transport passengers is quite different in kind and established the serious anxiety, wounded feelings and social humiliation
degree from any other contractual relation. And this is because of the that petitioners suffered upon having been bumped off. However,
relation which an air carrier sustains with the public. Its business is considering that Northwest took care of their accommodations while
ARMOVIT V CA (NORTHWEST AIRLINES) mainly with the traveling public. It invites people to avail of the comforts waiting and boarding them in the flight back to the US, the following day,
and advantages it offers. The contract of air carriage, therefore, the Court finds that the petitioners are entitled to moral damages in the
184 SCRA 476
generates a relation attended with a public duty, Neglect or malfeasance amount of P100,000 each.
GANGAYCO; April 20, 1990 of the carrier's employees, naturally, could give ground for an action for - To provide an example for the public good, an award of exemplary
damages Passengers do not contract merely for transportation. They damages is also proper. The award of the CA is adequate. Nevertheless,
FACTS have the right to be treated by the carrier's employees with kindness, the deletion of the nominal damages by the CA is well-taken since there
- In October 1981, Dr. Herman Armovit and his family decided to spend respect, courtesy and due consideration. They are entitled to be is an award of actual damages. Nominal damages cannot co-exist with
their Christmas holidays with relatives and friends in the Philippines so protected against personal misconduct, injurious language, indignities actual or compensatory damages.
they purchased from Northwest Airlines 3 round trip airline tickets from and abuses from such employees. So it is that any rude or discourteous Disposition Petition is granted. The judgment of the CA is hereby
the US to Manila and back, plus 3 tickets for the rest of the children, conduct on the part of employees towards a passenger gives the latter an modified such that Northwest shall pay the following:
though not involved in the suit. Each ticket of the petitioners which was in action for damages against the carrier. [Citing Air France v Carrascoso] (a) actual damages in favor of Dr. Armovit in the sum of P1,300 with
the handwriting of Northwests tickets sales agent contains the following Reasoning interest at the legal rate from January 17, 1982;
entry on the Manila to Tokyo portion of the return flight: - The gross negligence committed by Northwest in the issuance of the (b) moral damages at P100,000 and exemplary damages and P100,000
"from Manila to Tokyo, NW flight 002, date 17 January, time 10:30 AM tickets with entries as to the time of the flight, the failure to correct such in favor of Dr. Armovit;
Status, OK" erroneous entries and the manner by which petitioners were rudely (c) moral damages of P100,000 and exemplary damages of P50,000 in
- On their return trip from Manila to the US scheduled on January 17, informed that they were bumped off are clear indicia of such malice and favor of Mrs. Dora Armovit;
1982, they arrived at the check-in counter of the airline at the Manila bad faith and establish that Northwest committed a breach of contract (d) moral damages of P100,000 and exemplary damages in the amount
International Airport at 9:15 in the morning, which is a good one hour and which entitles petitioners to moral damages. of P20,000 in favor of Miss Jacqueline Armovit; and
fifteen minutes ahead of the 10:30 AM scheduled flight time recited in - The CA observed that the Armovits failed to take the witness stand and (e) attorney's fees at 5% of the total awards, plus the cost of suit.
their tickets. They were rudely informed that they cannot be testify on the matter. It overlooked however, that their failure to appear in
accommodated inasmuch as Flight 002 scheduled at 9:15 am was court to testify was explained by them. The assassination of Senator FRANCISCO V FERRER
already taking off and the 10:30 AM flight time entered in their plane Benigno Aquino, Jr. on August 21, 1983 following the year they were
tickets was erroneous. bumped off caused turmoil in the country. This turmoil spilled over to the
- Previous to the date of departure Armovit re-confirmed their year 1984 when they were scheduled to testify. However, the violent PLENO V CA (PHILIPPINE PAPER PRODUCTS INC ET
reservations through their representative Ernesto Madriaga who demonstrations in the country were sensationalized in the U.S. media so AL)
personally presented the 3 tickets at the airlines Roxas Boulevard office. they were advised to refrain from returning to the Philippines at the time. 307 SCRA 675
The departure time in the 3 tickets was not changed when re-confimed. - Nevertheless, Atty. Raymund Armovit, brother of Dr. Armovit, took the
Their names appeared in the passenger manifest and confirmed as GUTTIERREZ JR; May 9, 1988
witness stand as he was with the petitioners from the time they checked
Passenger Nos. 306, 307, and 308, Flight 002.
torts & damages A2010 - 152 - prof. casis

NATURE - The court's discretion is, of course, subject to the condition that the reasons for altering factual findings which appear correct. We, therefore,
Petition for review on certiorari of CA decision which modified the CFI award for damages is not excessive under the attendant facts and affirm the lower court's awards of damages and hold that the appellate
decision in a vehicular accident case and reduced by one half the award circumstance of the case. court's reduction of the amounts of temperate and moral damages is not
for temperate damages, moral damages, and attorneys fees from - Temperate damages are included within the context of compensatory justified. However, we modify the award of attorney's fees to P20,000.00
P430,000 to P215,000. the awards for actual damages in the amount of damages. which we deem to be just and equitable under the circumstances.
P48,244 and exemplary damages in the amount of P50,000 were - In the case of moral damages, the yardstick shaould be that the Disposition instant petition is GRANTED. The questioned decision is
affirmed "amount awarded should not be palpably and scandalously excessive" REVERSED and SET ASIDE. The decision of the Court of First Instance
so as to indicate that it was the result of passion, prejudice or corruption of Rizal (Pasig) in Civil Case No. 16024 is AFFIRMED in all respects,
FACTS on the part of the trial court. The actual losses sustained by the except for the award of attorney's fees which is reduced to P20,000.00.
- Philippine Paper Products is the owner of a delivery truck, and one of aggrieved parties and the gravity of the injuries must be considered in
their drivers, Florante de Luna, in a reckless and imprudent manner, by arriving at reasonable levels PEOPLE V SINGH
driving the vehicle at a great speed, without taking any precautions to - The lower court's awards of damages are more consonant with the
360 SCRA 404
avoid accidents, hit, bumped, and sideswiped plaintiffs Volkswagen factual circumstances of the instant case.21 The trial court's findings of
Delivery Van, driven by plaintiff, causing the Van to swerve and ram into facts are clear and well-developed. Each item of damages is adequately BUENA; June 29, 2001
the rear part of another truck supported by evidence on record. On the other hand, there are no
- As a result of the accident, plaintiff was hospitalized, suffered injuries substantial reasons and no references to any misimpressions of facts in NATURE
affecting his brain, acted beyond normalcy at times the appellate decision. The Court of Appeals has shown no sufficient Appellants Balwinder, Malkit, Mohinder and Dalvir, all surnamed Singh,
- Petitioner questioned the set off since there was no call or notice for were convicted of the crime of Murder in Criminal Case No. 8683 for
the payment of the unpaid subscription, and that the alleged obligation is 21 The trial court based the amounts of damages awarded to the petitioner on the following
killing Surinder Singh, and Frustrated Murder in Criminal Cases No. 8682
not enforceable. circumstances: for stabbing Dilbag Singh. Each of them were sentenced to suffer the
- The NLRC held that a stockholder who fails to pay his unpaid Coming now to the damages suffered by plaintiff Maximo Pleno, it is not controverted that Pleno penalty of reclusion perpetua for murder, and the indeterminate penalty
was hospitalized for about five months beginning December 21, 1971, the day of the incident, up
subscription on call becomes a debtor of the corporation and that the set- to May 9, 1972. While in the hospital, he underwent several major operations on his legs and in
of 8 years and one (1) day of prision mayor as minimum, to twelve (12)
off of said obligation against the wages and other due to petitioner is not spite of Id operations, a deformity still resulted and that his left leg is shorter than the right. The years and one (1) day of reclusion temporal as maximum for frustrated
contrary to law, morals, public policy medical expenses, hospital bills and doctor's fees were properly exhibited and not rebutted by murder.
defendants. This being the case, actual expenses of P48,244.08 may be awarded.
As to the loss or impairment of earning capacity, there is no doubt that Pleno is an enterpreneur
ISSUES and the founder of his own corporation, the Mayon Ceramics Corporation. It appears also that he FACTS
1. WON the employer's liability in quasi-delict is subsidiary is an industrious and resourceful person with several projects in line and were it not for the - Dilbag Singh, private complainant for frustrated murder in Criminal Case
incident, might have pushed them through. On the day of the incident, Pleno was driving
2. WON the appellant court was correct in reducing the amount of homeward with geologist Langley after an ocular inspection of the site of the Mayon Ceramics
No. 8682, recounts that on November 26, 1993, at around 7:30 in the
damages awarded to the petitioner Corporation. His actual income however has not been sufficiently established so that this Court morning while he was cleaning his motorbike in front of the Mendiola
cannot award actual damages, but, an award of temperate or moderate damages may still be Apartment in Barangay Canlalay, Bian, Laguna, Dalvir, Balwinder,
made on loss or impairment of earning capacity. That Pleno sustained a permanent deformity due
HELD to a shortened left leg and that he also suffers from double vision in his left eye is also
Gurmok, Jarnail, Amarjit, Mohinder, Dial, Kuldip- all surnamed Singh-
1. NO established. Because of this, he suffers from some inferiority complex and is no longer active in Johander Singh Dhillon, and Malkit Singh Dhillon arrived, shouting foul
Reasoning business as well as in social life. In similar cases as in Borromeo v. Manila Electric Railroad Co., remarks in their native language and demanding Surinder Singh to come
44 Phil 165; Cordage, et al. v. LTB Co., et al., L-11037, Dec. 29,1960, and in Araneta, et al. v.
- We sustain the view of the petitioner that the ability of an employer in Arreglado, et al., L-11394, Sept. 9, 1958, the proper award of damages were given.
out of the apartment. When Surinder Singh came out of his apartment,
quasi-delict is primary and solidary and not subsidiary. This, we have There is also no doubt that due to the incident, Pleno underwent physical suffering, mental Dalvir Singh tried to stab him but Surinder Singh was able to move away.
ruled in a long line of cases. anguish, fight, severe arudety and that he also underwent several major operations. As previously Dalvir Singh told his companions to hold Surinder Singh as he will kill
stated, Pleno is the founder of Mayon Ceramics Corporation, manufacturer of the now famous
2. NO Crown Lynn ceramic wares. He is a mechanical engineer and the topnotcher of the professional
him. Thereafter, Dial Singh and Johinder Singh each held the right and
Reasoning examination for mechanical engineering in 1938. From the record, most if not all of his children left arms of Surinder Singh, with Kuldip Singh pushing Surinder Singh on
- The Court of Appeals affirmed the awards of damages. Nevertheless, excelled in academic studies here and abroad. The suffering, both mental and physical, which he his back. Dalvir Singh then stabbed Surinder Singh, hitting him on the
experienced, the anxiety and fright that he underwent are sufficiently proved, if not patent. He is
as stated earlier, the appellate court reduced the amount of temperate therefore entitled to moral damages. Pleno is also entitled to exemplary damages since it appears
right side of his stomach, and causing him to fall on the ground. Dial
and moral damages as well as the amount of attorney's fees on the that gross negligence was committed in the hiring of driver de Luna. In spite of his past record, he Singh remarked that Surinder Singh failed to give money and if others will
ground that the awards were "too high" .The award of temperate was still hired by the corporation. As regards de Luna, the very fact that he left the scene of the likewise refuse, the same fate will befall them. As Surinder Singh tried to
incident without assisting the victims and without reporting to the authorities entitles an award of
damages was reduced by the appellate court on the ground that the exemplary damages, so as to serve as an example that in cases of accidents of this kind, the
get up, Malkit Singh Dhillon and Jarnail Singh started hitting him with lead
amount of P200,000.00 is rather "too high" especially considering the drivers involved should not leave their victims behind but should stop to assist the victims or if this pipes all over his body, while Johinder Singh and Dial Singh punched and
fact that the driver De Luna is a mere driver and defendant-appellant is not possible, to report the matter immediately to the authorities. That the corporation did not kicked Surinder. Amarjit Singh, who was holding a gun, warned everyone
also report the matter to the authorities and that their lawyer would attempt to bribe the police
Corporation is only subsidiarily liable thereof. The award was reduced to officers in order that the incident would be kept a secret shows that the corporation ratified the act
not to help Surinder Singh or else he will shoot. Thereat, when all these
P100,000.00. of their employees and such act also shows bad faith. Hence, Id corporation is able to pay things were going on, private complainant Dilbag Singh tried to stop them
- The award of temperate, moral, and exemplary damages as well as exemplary damages. but Balwinder Singh stabbed him on the left side of his back. Gurmok
The award of attorney's fees is also proper in this case considering the circumstances and that it
attorney's fees lies upon the discretion of the court based on the facts took more than five years of trial to finish this case. Also, plaintiffs counsel prepared lengthy and
Singh likewise stabbed him with a bolo, but he was not hit as he was able
and circumstances of each case. exhausive memorandum. (pp- 48-50, Amended Joint Record on Appeal) to move to one side. After that, the ten (10) accused Indians left.
torts & damages A2010 - 153 - prof. casis

Dilbag Singh and Surinder Singh, both injured, were brought to the e) P50,000.00 for moral damages; and a. P370.50 for hospitalization expenses;
Perpetual Help Hospital, Bian, Laguna, by Jaswinder Singh, Johinder f) P500,000.00 for and as attorneys fees; and b. P50,000.00, as moral damages, plus costs; and,
Singh Gill, Balwinder Singh Gill and Alwan Singh, for treatment. There, "3. jointly and severally, to pay the costs of suit. 2. In Criminal Case No. 8683 for murder, in addition to the civil indemnity,
Surinder Singh was pronounced dead on arrival. "Since accused Jarnail Singh, Gurmok Singh, Amarjit Singh, Johinder moral damages and attorneys fees awarded by the trial court, appellants
- The events, according to appellants, happened in this wise. Appellant Singh and Kuldip Singh have remained at-large to date, in order not to shall pay-
Dalvir Singh testified that on November 26, 1993, at around 7:30 in the clog the docket of this court, let the records of these two cases be a. P16,500.00, as funeral expenses;
morning, he was conducting his buy and sell business along Brgy. sent to the files and warrant be issued for their immediate arrest. b. $600.27, as air ticket/freight of the cadaver, to be computed at the
Canlalay, Bian, Laguna. While collecting from his customers, he was prevailing rate of exchange at the time of the promulgation of this
accosted by Jaswinder, Dilbag and Surinder Singh to stop at the corner ISSUE decision; and,
of the street. When he stopped, he alighted from his motorcycle. WON the court a quo erred in awarding excessive damages against c. P200,000.00, as temperate damages, plus costs.
Jaswinder, Dilbag and Surinder Singh accused him of squealing their accused-appellants
status to the immigration authorities. Then, Jaswinder Singh punched PEOPLE V PLAZO
him. Appellant Dalvir Singh retaliated by slapping Jaswinder Singh HELD
350 SCRA 433
afterwhich, Jaswinder Singh, went inside his apartment to get a pipe. YES
When Surinder Singh was about to stab him, he wrestled the knife from Reasoning QUISUMBING; January 29, 2001
him and, in the process, private complainant Dilbag Singh was stabbed - In Criminal Case No. 8682 for frustrated murder, the trial court awarded
on his back with the same knife. As Dalvir Singh grappled for the private complainant Dilbag Singh the amount of P16,000.00 representing FACTS
possession of the knife from Surinder Singh, both of them fell down, with his hospitalization and medical expenses, and P 30,000.00 as attorneys - Leonor Fabula went out of her house to buy sugar from a nearby store.
him landing on top of Surinder Singh and that was the time when fees. For his hospitalization and medical expenses, the receipts There she saw her son Romeo being beaten by Plazo for allegedly
Surinder Singh was stabbed on the right portion of his stomach. Then, submitted to support said claim amounted only to P370.50. Hence, disclosing the whereabouts of his (Plazo) brother who was wanted for
Surinder Singh lost his grip and appellant Dalvir Singh was able to get private complainant Dilbag Singh is entitled only to the said amount. The robbery in Manila.
hold of the knife. Appellant Dalvir Singh was so nervous that he left the award of attorneys fees is hereby deleted. Nonetheless, private - She tried to intervene but this was to no avail. Eventually Romeo was
place on his motorcycle while holding the knife. He threw the knife along complaint is entitled to moral damages in the amount of P50,000.00 for able to escape. But he was chased down by Plazo and stabbed many
the highway of Bian, Laguna. the suffering he endured from appellants felonious acts. times the last being a stab to the chest which led to his death. Leonora
- After trial, appellants were convicted of the crime charged, thus - In Criminal Case No. 8683 for murder, the following amount of actual then told people not to move her son as she was going to ask for help
"WHEREFORE, the guilt of accused Balwinder Singh, Malkit Singh damages were duly proven P16,500.00 funeral expenses and air from policemen.
Dhillon, Mohinder Singh, Dalvir Singh and Dial Singh having been ticket/freight of the cadaver $600.27. The amount of P400.00 for - on the other hand, Plazo stated that it was an act of self defense. He
established beyond reasonable doubt of the crimes of frustrated hospitalization expenses should be deleted for not being supported by said that a he and his friend were lpaynig billiards when Romeo suddenly
murder in Criminal Case No. 8282 and murder in Criminal Case 8683 evidence. The trial courts award of P50,000.00 as civil indemnity, and disrupted he game. He was drunk and when being pacified got angry and
defined and penalized in Articles 248 and 250 of the Revised Penal P50,000.00 moral damages are affirmed. The award of P500,000.00 as chased Plazo with a bolo. Thy both fell and the bolo suddenly was
Code, this Court hereby sentences them (except Dial Singh who died attorneys fees and P5,760,000 as compensation for loss of earning imbedded in Romeos chest.
during the presentation of defense evidence on the main case) as capacity, are likewise deleted for lack of basis. Awards for loss of earning - Court found Plazo guilty of murder and made to pay 50,000 for moral
follows: capacity partake of damages which must be proven not only by credible damages, 15,712 for actual damages, and 10,000 for moral damages
"Criminal Case No. 8682 and satisfactory evidence, but also by unbiased proof. The testimony of
"1. each to suffer an indeterminate penalty of imprisonment of from Balwinder Singh Gill, first cousin of the deceased, on the alleged income ISSUES
eight (8) years and one (1) day of prision mayor as minimum, to of the deceased while in the Philippines, is not enough. The best 1. WON Plazo is guilty of murder.
twelve (12) years and one (1) day of reclusion temporal maximum; evidence to substantiate income earned by foreigners while in the 2. WON the 15,712 amount for actual damages is valid
"2. jointly and severally, to pay private complainant Dilbag Singh the Philippines is the payment of taxes with the Bureau of Internal Revenue.
amounts of P16,000 representing his hospitalization and medical Absent such proof, bare allegation is insufficient. Nevertheless, HELD
expenses, and P30,000 for and as attorneys fees; and considering that the definite proof of pecuniary loss cannot be offered, 1. NO
"3. jointly and severally, to pay the costs of suit. and the fact of loss has been established, appellants shall pay the heirs - Plazo avers that the killing of Romeo Fabula was an act of self
"Criminal Case No. 8683 of Surinder Singh temperate damages in the amount of P200,000.00. defense. He also questions the inconsistencies in the testimonies of the
"1. each to suffer the penalty of reclusion perpetua; Obiter police and Leonora Fabula
"2. jointly and severally, to pay the heirs of Surinder Singh the - In lieu of actual damages which was not proven or documented, - Court held that inconsistencies were not substantial enough as to affect
following sums: temperate damages may be awarded in a murder case. (People vs. the validity of the testimony. Testimonies arent expected to be error-free.
a) P50,000.00 as civil indemnity; dela Tongga) The inconsistencies pointed out by Plazo were not enough to disprove
b) P41,500.00 representing funeral, wake and transportation Disposition in accordance with the foregoing disquisition, the decision the testimonies of the witnesses.
expenses; appealed from is hereby affirmed subject to the following modifications- - his claim of self-defense was likewise unsupported. He wasnt able to
c) P5,760,000.00 for lost earnings/income; 1. In Criminal Case No. 8682 for frustrated murder, appellants shall only fulfill all the elements necessary for self-defense. The number of stab
d) P400.00 for hospitalization expenses; be liable to pay wounds was indicated that the means employed was not necessary to
repel the aggression.
torts & damages A2010 - 154 - prof. casis

- However the circumstances qualifying the crime as murder were installed inferior roofing materials at Del Rosarios residence, in violation amount of damages, but must depend upon competent proof that they
unsubstantiated. Premeditation and treachery were not proven as the of the proper installation procedure expressly specified in the former's have (been) suffered and on evidence of the actual amount thereof.
elements for such were not present. therefore the crime committed was brochures and advertisements for installation, i.e., the metal tile attached - The report of Esteban Adjusters and Valuers, Inc. contains no
not murder but homicide. to the roof panels should be two (2) self-drilling screws for one (1) metal statement whatever of the amount of the damage. Indeed, the testimony
2. NO cleat. However, instead of conforming with this procedure, MFC attached of Engineer Abril, the representative of the Esteban Adjusters and
- The trial court correctly awarded the amount of P50,000.00 as some of the metal cleats with this one (1)-inch ordinary nail each and Valuers, Inc., is that his firm had been retained only to determine the
indemnity. However, the award of actual damages in the amount of others were fastened with only one (10) wood screw each. cause of the damage, not to estimate and assess it.
P15,712.00 was based solely on the bare assertions of the mother of the - MFC however declined to concede liability for the other damages Moral damages
victim. The Court can only grant such amount for expenses if they are claimed by the Del Rosario Spouses to have been caused to the interior - Moral damages are awarded for indemnity or reparation not punishment
supported by receipts. In the absence thereof, no actual damages can be of their home. This prompted the latter to commence a civil action against or correction, that is, an award to entitle the injured party to obtain means
awarded. However, in lieu of actual damages, temperate damages under MFC. The spouses sought to recover from MFC damages resulting from (of) diversions and amusement that will serve to alleviate the moral
Art. 2224 of the Civil Code may be recovered where it has been shown the events just narrated, contending that aside from the destruction of the suffering he has undergone by reason of defendant's culpable action.
that the victims family suffered some pecuniary loss but the amount roof of their house, injury was also caused to its electrical wiring, ceiling, - That MFC did in truth act with bad faith, in flagrant breach of its express
thereof cannot be proved with certainty fixtures, walls, wall paper, wood parquet flooring and furniture. The Del warranties made to the general public and in wanton disregard of the
- We find the award of P15,000.00 as temperate damages reasonable. Rosarios reckoned their actual damages at P1,008,003. They also rights of the Del Rosarios who relied on those warranties, is adequately
Moral damages cannot be awarded in the absence of any evidence to prayed for an award to them of moral damages in the sum of P3,000,000; demonstrated by the recorded proofs. The law explicitly authorizes the
support its award exemplary damages in the amount of P1,000,000; attorney's fees in the award of moral damages "in breaches of contract where the defendant
sum of P1,000,000. acted fraudulently or in bad faith.
PNB V CA - Trial Court awarded P500K as moral damages and P300K as - Award of trial court of moral damages is reduced from P500K to P100K.
exemplary damages. Exemplary damages
- CA reversed decision of the trial court, holding that there was no privity - Article 2229 of the Civil Code provides that such damages may be
DEL ROSARIO V CA (METAL FORMING CORP.) of contract. imposed by way of example or correction for the public good. While
267 SCRA 158 exemplary damages cannot be recovered as a matter of right, they need
NARVASA; January 29, 1997 ISSUES not be proved, although plaintiff must show that he is entitled to moral,
1. WON there is a privity of contract between the parties temperate or compensatory damages before the court may consider the
NATURE 2. WON upon the facts established by the evidence, MFC is answerable question of whether or not exemplary damages should be awarded
An appeal of a Decision of the Court of Appeals. to the Del Rosarios for the damage caused to the latter's residence when Exemplary damages are imposed not to enrich one party or impoverish
its roof, made of shingles purchased from and installed by the former, another but to serve as a deterrent against or as a negative incentive to
FACTS was blown away by a typhoon (this case is under EXEMPLARY curb socially deleterious actions.
- The Del Rosarios' complaint, filed on November 21, 1990, charged DAMAGES in the outline) - Award of trial court of exemplary damages is reduced from P300K to
Metal Forming Corp. (MFC) with violation of Section 3 of Act No. 3740, P50K.
"An Act to Penalize Fraudulent Advertising, Mislabeling or Misbranding of HELD Disposition Decision of the Regional Trial Court of November 18, 1991
Any Product, Stocks, Bonds, etc. The complaint alleged that: 1. YES, there is privity of contract between the Del Rosarios and MFC. is REINSTATED AND AFFIRMED, with the modification that the award of
1) "in selling to the public roofing materials known 'Banawe' shingles,** Reasoning actual damages and attorney's fees is deleted, and the moral and
(MFC) made representations on the durability of the product and - At all times and with regard to the acquisition and installation of the exemplary damages awarded are reduced from P500,000.00 to
sturdiness of its installation through massive advertisements in print metal tiles or shingles, Puno was in truth acting as contractor of the Del P100,000.00, and from P300,000.00 to P50,000.00, respectively.
media and television (and) brochures ;" Rosarios and on their instructions. Ascertainment of the definite identity
2) the representations -- particularly those characterizing the shingles as of the person who actually ordered the shingles from MFC is utterly
"STRUCTURALLY SAFE AND STRONG" and that the "BANAWE inconsequential -- it might just as well have been a construction foreman,
METAL TILE structure acts as a single unit against wind and storm a trusted domestic, or any friend or acquaintance of the Del Rosarios.
pressure due to the strong hook action on its overlaps"-- "prompted the - The tiles were delivered to the Del Rosarios and used in fabricating the
Del Rosarios to buy the 'Banawe' shingles and have them installed at roof of their home; it was the employees and workers of MFC who (a)
their residence;" delivered the shingles or metal tiles to the construction site of the Del
3) "(b)arely two (2) months after completion of the installation, portions of Rosarios' home, and (b) undertook and completed the installation thereof.
the roof of the Del Rosarios were blown away by strong wind brought 2. YES , the Del Rosarios are entitled to moral and exemplary
about by typhoon "Ruping." damages.
- The Office of the President found that: Re: Actual damages
one cannot efface the fundamental fact that MFC acted in bad faith - Actual or compensatory damages cannot be presumed, but must be
and/or with gross negligence in falling to deliver the necessary duly proved and proved with reasonable degree of certainty. A court
accessories for the proper installation of the structure and actually cannot rely on speculations, conjectures or guesswork as to the fact and
torts & damages A2010 - 155 - prof. casis

You might also like