TORTS & DAMAGES

1. Quasi-Delicts

Articles 2176-2194 of the Civil Code

A quasi-delict, also known as a tort, arises from an act or omission that causes damage to another person through fault or negligence, without any pre-existing contractual relationship. The responsible party is obligated to compensate for the injury caused.

​​​

Key Elements of Quasi-Delict:

1. Act or Omission: There must be an act or failure to act.

2. Fault or Negligence: The injury must be due to fault or negligence.

3. Causation: A direct connection between the act or omission and the injury.

4. Damage: Actual injury or loss to the plaintiff.

 

Elcano v. Hill, G.R. No. L-24803 (1977) Factual Background: In this case, the victim was shot by an individual who was declared insane. The victim's family sought damages from the offender's parents under Article 2180 of the Civil Code, which holds parents liable for the tortious acts of their minor children living with them.

Ratio Decidendi: The Supreme Court ruled that the parents were liable under quasi-delict for the wrongful acts of their child, emphasizing the responsibility of parents for damages caused by their children.

 

2. Negligence

Articles 2176, 2179 of the Civil Code

Negligence is the failure to exercise the care that a reasonably prudent person would have exercised in a similar situation. It is a central element in tort cases, especially in accidents or wrongful acts that cause harm.

 

Key Considerations:

• Contributory Negligence: Article 2179 allows for a reduction in the damages awarded if the plaintiff is partly at fault.

• Proximate Cause: The negligence must be the proximate cause of the injury, meaning there is a direct link between the negligent act and the harm caused.

Metropolitan Bank & Trust Company v. Rosales, G.R. No. 218874 (2020) Factual Background: In this case, the issue was whether a bank could be held liable for negligence after an unauthorized person was able to withdraw a substantial amount of money using falsified documents.

Ratio Decidendi: The Court ruled that the bank was negligent in allowing the withdrawal without proper verification of documents, holding the bank liable for the damages caused to the account holder.

 

3. Liability for Damages

Articles 2176-2194, 2201-2221 of the Civil Code

Once a quasi-delict or tort is established, the party at fault is responsible for compensating the injured party for the damages incurred. Damages can be classified into:

​

• Actual or Compensatory Damages: Measurable monetary loss directly resulting from the wrongful act.

• Moral Damages: Compensation for mental anguish, emotional distress, or humiliation.

• Exemplary or Corrective Damages: Punitive damages intended to set an example and discourage others from committing similar acts.

• Nominal Damages: Awarded when a legal right is violated but no substantial loss is proven.

 

Picart v. Smith, G.R. No. L-12219 (1918) Factual Background: A car accident case where the driver of a car hit a pedestrian, leading to an injury. The main issue was the determination of liability based on negligence.

Ratio Decidendi: The Court applied the "reasonable person" test and found that the driver was negligent for failing to exercise due care, making him liable for damages.

 

4. Vicarious Liability

Articles 2180-2182 of the Civil Code

Vicarious liability occurs when one person is held liable for the wrongful acts of another, based on their relationship. The law holds certain individuals responsible for damages caused by others, such as:

• Parents: For the tortious acts of their minor children.

• Employers: For damages caused by their employees while performing their duties.

• Teachers: For the acts of their students in school settings.

 

Pangilinan v. People, G.R. No. 232834 (2021) Factual Background: The case involved an employer's liability for the wrongful act committed by his employee during working hours, causing injury to another.

Ratio Decidendi: The Court emphasized that the employer was liable under Article 2180 of the Civil Code for the acts of his employee, ruling that there was a clear master-servant relationship at the time of the incident.

 

5. Damages in Cases of Death or Physical Injuries

Articles 2201-2221 of the Civil Code

When a tortious act results in death or injury, the injured party or their heirs can claim damages. These include:

• Indemnity for Loss of Earning Capacity: Compensation for the lost income due to injury or death.

• Funeral Expenses: If the wrongful act caused death.

• Medical and Hospital Expenses: If the tort resulted in injury.

 

Meralco v. Heirs of Valmonte, G.R. No. 227732 (2020) Factual Background: This case involved the death of a person due to electrocution caused by exposed electrical wires owned by Meralco. The heirs of the deceased sought damages.

Ratio Decidendi: The Court ruled that Meralco was negligent in maintaining its electrical installations and held it liable for actual, moral, and exemplary damages.