Torts and Damages 120620214751 Phpapp01

7/23/2019 Torts and Damages 120620214751 Phpapp01

1/70

Page 1of 70

Notes by: hotjurist 2010In foro conscientiae

TORTS(CODAL PROVISIONS)

A. Concept of Quasi-Delict

4. In the New Civil Code

(Damages)

Whoeve !" act o omission causes damage to anothe# thee !eing fault onegligence# is o!liged to pa" fo the damage done. $uch fault o negligence# ifthee is no pe-e%isting contactual elation !etween the paties# is called a&uasi-delict and is govened !" the povision ofChapte II

(Quasi-Delicts).

CC ''

*!ligations aise fom+

(') ,aw() Contacts(/) Quasi-contacts(4) Acts and omissions punished !" law and() Quasi-delicts.

CC ''0

*!ligations deived fom &uasi-delicts shall !e govened !" the povisions ofChapte # 1itle 23II of this oo5# and !" special laws.

. Distinguished fom delict6civil lia!ilit" aising fom delict

Civil liability of a person guilty of felony.7ve" peson ciminall" lia!le fo afelon" is also civill" lia!le.

89C ':'

8ules egading civil lia!ilit" in cetain cases. 1he e%emption fom ciminallia!ilit" esta!lished in su!divisions '##/# and 0 of Aticle ' and in su!division 4of Aticle '' of the 89C does not include e%emption fom civil lia!ilit"# whichshall !e enfoced su!;ect to the following ules+


2/70

Page 2of 70



3/70

Page 3of 70


which such inn5eepe o his epesentative ma" have given them with espectto the cae and vigilance ove such goods. No lia!ilit" shall attach in case of

o!!e" with violence against o intimidation of pesons unless committed !" theinn5eepe>s emplo"ees.

89C ':/

Subsidiary civil liability of other persons. 1he su!sidia" lia!ilit" esta!lished inthe ne%t peceding aticle shall also appl" to emplo"es# teaches# pesons# andcopoations engaged in an" 5ing of indust" fo felonies committed !" theisevants# pupils# wo5men# appentices# o emplo"ees in the dischage of theiduties.

89C ':4

What is included in civil liability.1he civil lia!ilit" esta!lished in Aticles '::# ':'#': and ':/ of the 89C includes+'. 8estitution. 8epaation of the damaged caused/. Indemnification fo conse&uential damages.

89C ':

Restitution - How made. 1he estitution of the thing itself must !e madewheneve possi!le# with allowance fo an" deteioation# o diminution of valueas detemined !" the cout.

1he thing itself shall !e estoed# even though it !e found in the possession ofa thid peson who has ac&uied !" the thid peson in the manne and undethe e&uiements which# !" law# !a an action fo its ecove".

89C ':0

Reparation - How made. 1he cout shall detemine the amount of damage#ta5ing into consideation the pice of the thing# wheneve possi!le# and its specialsentimental value to the in;ued pat"# and the epaation shall !e madeaccodingl".

89C ':

ndemnification - What is included. Indemnification fo conse&uential damagesshall include not onl" those caused the in;ued pat"# !ut also those suffeed !"his famil" o !" a thid peson !" eason of the cime.

89C ':?


4/70

Page 4of 70


!bligation to make restoration, reparation for damages, or indemnification forconse"uential damages and action to demand the same - upon whom itdevolves. 1he o!ligation to ma5e estoation# epaation fo damages# o

indemnification fo conse&uential damages devolves upon the heis of thepeson lia!le.

1he action to demand estoation# epaation# and indemnification li5ewisedescends to the heis of the peson in;ued.

89C ':@

Share of each person civilly liable. If thee ae two o moe pesons civill" lia!lefo a felon"# the couts shall detemine the amount fo which each must espond.

89C '':

Several and subsidiary liability of principals, accomplices and accessories of afelony - #reference in payment. Notwithstanding the povisions of the ne%tpeceding aticle# the pincipals# accomplices and accessoies# each within theiespective class# shall !e lia!le seveall" (in solidum) among themselves fo thei&uotas# and su!sidiail" fo those of the othe pesons lia!le.

1he su!sidia" lia!ilit" shall !e enfoced# fist against the popet" of thepincipals ne%t# against that of the

accomplices# and# lastl" against that of the accessoies.

Wheneve the lia!ilit" in solidum o the su!sidia" lia!ilit" has !een enfoced#the peson !" whom pa"ment has !een made shall have a ight of action againstthe othes fo the amount of thei espective shaes.

89C '''

!bligation to make restitution in certain cases. An"peson who has paticipated gatuitousl" in the poceeds of a felon" shall !e!ound to ma5e estitution in an amount e&uivalent to the e%tent of such

paticipation.

89C ''

$%tinction of civil liability. Civil lia!ilit" esta!lished in Aticles '::# ':'# ':# and':/ of the 89C shall !e e%tinguished in the same manne as o!ligations# inaccodance with the povisions of the Civil ,aw.


5/70

Page 5of 70


CC '/'

*!ligations ae e%tinguished+'. " pa"ment of pefomance

. " the loss of the thing due/. " the condonation o emission of the de!t4. " the confusion o mege of the ights of cedito and de!to. " compensation0. " novation

*the causes of e%tinguishment of o!ligations# such as annulment# escission#fulfillment of a esoluto" condition# and pesciption# ae govened elsewhee inthe Civil Code.

89C ''/

!bligation to satisfy civil liability. 7%cept in case of e%tinction of his civil lia!ilit"as povided in the ne%t peceding aticle# the offende shall continue to !eo!liged to satisf" the civil lia!ilit" esulting fom the cime committed !" him#notwithstanding the fact that he has seved his sentence consisting of depivationof li!et" o othe ights# o has not !een e&uied to seve the same !" eason ofamnest"# padon# commutation of sentence o an" othe easons.

CC @

When the accused in a ciminal posecution is ac&uitted on the gound that his

guilt has not !een poved !e"ond easona!le dou!t# a civil action fo damagesfo the same act o omission ma" !e instituted. $uch action e&uies onl" apepondeance of evidence. pon motion of the defendant# the cout ma"

e&uie the plaintiff to file a !ond to answe fo damages in case the complaintshould !e found to !e malicious.

If in a ciminal case the ;udgment of ac&uittal is !ased upon easona!le dou!t#the cout shall so declae. In the a!sence of an" declaation to that effect# it ma"!e infeed fom the test of the decision whethe o not the ac&uittal is due to thatgound.

CC /:

When a sepaate civil action is !ought to demand civil lia!ilit" aising fom aciminal offense# and no ciminal poceedings ae instituted duing the pendenc"of the civil case# a pepondeance of evidence shall li5ewise !e sufficient topove the act complained of.

CC /'


6/70

Page 6of 70


When the civil action is !ased on an o!ligation not aising fom the act oomission complained of as a felon"# such civil action ma" poceed independentl"of the ciminal poceedings egadless of the esult of the latte.

CC //

In cases of defamation# faud# and ph"sical in;uies# a civil action fo damages#entiel" sepaate and distinct fom the ciminal action# ma" !e !ought !" thein;ued pat". $uch civil action shall poceed independentl" of the ciminalposecution# shall e&uie onl" a pepondeance of evidence.

CC /4

When a mem!e of a cit" o municipal police foce efuses o fails to ende aid

o potection to an" peson in case of dange to life o popet"# such peaceoffice shall !e pimail" lia!le fo damages# and the cit" o municipalit" shall !esu!sidiail" esponsi!le theefo. 1he civil action heein ecogniBed shall !eindependent of an" ciminal poceedings# and a pepondeance of evidence shallsuffice to suppot such action.

CC /

When a peson# claiming to !e in;ued !" a ciminal offense# chages anothewith the same# fo which no independent civil action is ganted in the Civil Codeo an" special law# !ut the ;ustice of the peace finds no easona!le gounds to

!elieve that a cime has !een committed# o the posecuting attone" efuses ofails to institute ciminal poceedings# the complainant ma" !ing a civil actionfo damages against the alleged offende. $uch civil action ma" !e suppoted !"a pepondeance of evidence. pon the defendants> motion# the cout ma"

e&uie the plaintiff to file a !ond to indemnif" the defendant in case thecomplaint shall !e found to !e malicious.

If duing the pendenc" of the civil action# an infomation should !e pesented !"the posecuting attone"# the civil action shall !e suspended until thetemination of the ciminal poceedings.

CC /0

9e;udicial &uestions# which must !e decided !efoe an" ciminal posecutionma" !e instituted o ma" poceed# shall !e govened !" ules of cout which the$upeme Cout shall pomulgate and which shall not !e in conflict with thepovisions of the Civil Code.

CC '


7/70

Page 7of 70


8esponsi!ilit" fo fault o negligence unde Aticle '0 Quasi Delict) is entiel"sepaate and distinct fom the civil lia!ilit" aising fom negligence unde the9enal Code.

ut the plaintiff cannot ecove damages twice fo the same act o omission ofthe defendant.

CC ''0'

Civil o!ligations aising fom ciminal offenses shall !e govened !" the penallaws# su!;ect to the povisions of Aticle '# and of the petinent povisions ofChapte # 9elimina" 1itle# on uman 8elations# and of 1itle 23II (7%ta-Contactual *!ligations) of oo5 I3 (*!ligations and Contacts)# egulatingdamages.

8ule ''' (9osecution of Civil Action)

$ection '.

nstitution of criminal and civil actions. When a ciminal action is instituted# thecivil action fo the ecove" of civil lia!ilit" is impliedl" instituted with the ciminalaction# unless the offended pat" waives the civil action# eseves his ight toinstitute it sepaatel"# o institutes the civil action pio to the ciminal action.

$uch civil action includes ecove" of indemnit" unde the 89C# and damagesunde Aticles /# //# /4 and '0 of the Civil Code aising fom the same act o

omission of the accused.

A waive of an" of the civil actions e%tinguishes the othes. 1he institution of othe esevation of the ight to file an" of said civil actions sepaatel" waives theothes.

1he esevation of the ight to institute the sepaate civil action shall !e made!efoe the posecution stats to pesent its evidence and undecicumstances affoding the offended pat" a easona!le oppotunit" to ma5esuch esevation.

In no case ma" the offended pat" ecove damages twice fo the same act oomission of the accused.

When the offended pat" see5s to enfoce civil lia!ilit" against the accused !"was of moal# nominal# tempeate o e%empla" damages# the filing fees fosuch civil action as povided in these 8ules shall constitute a fist lien on the

;udgment e%cept in an awad fo actual damages.


8/70

Page 8of 70


In cases wheein the amount of damages# othe than actual# is alleged in thecomplaint o infomation# the coesponding filing fees shall !e paid !" theoffended pat" upon the filing theeof in cout fo tial.

$ection

nstitution of separate civil action. 7%cept in thecases povided fo in $ection / heeof# afte the ciminal action has !eencommenced# the civil action which has !een eseved cannot !e instituted untilfinal ;udgment has !een endeed in the ciminal action.

(a) Wheneve the offended pat" shall have instituted thecivil action as povided fo in the fist paagaph of $ection ' heeof !efoe thefiling of the ciminal action and the ciminal action is su!se&uentl" commenced#the pending civil action shall !e suspended# in whateve stage !efoe final

;udgment it ma" !e found# until final ;udgment in the ciminal action has !eenendeed. oweve# if no final ;udgment has !een endeed !" the tial cout inthe civil action# the same ma" !e consolidated with the ciminal action uponapplication with the cout t"ing the ciminal action. If the application is ganted#

the evidence pesented and admitted in the civil action shall !e deemedautomaticall" epoduced in the ciminal action# without pe;udice to theadmission of additional evidence that an" pat" ma" wish to pesent. In case ofconsolidation# !oth the ciminal and the civil actions shall !e tied and decided

;ointl".

(!) 7%tinction of the penal action does not ca" with it

e%tinction of the civil# unless the e%tinction poceeds fom a declaation in a final;udgment that the fact fom which the civil might aise did not e%ist.

$ection /

When civil action may proceed independently. -- In thecases povided fo in Aticles /# //# /4# and '0 of the Civil Code# theindependent civil action which has !een eseved ma" !e !ought !" theoffended pat"# shall poceed independentl" of the ciminal action# and shalle&uie onl" a pepondeance of evidence.

$ection 4

&udgment in civil action not a bar. -- A final ;udgmentendeed in a civil action a!solving the defendant fom civil lia!ilit" is no !a to aciminal action.

$ection


9/70

Page 9of 70


$lements of pre'udicial "uestion. -- 1he two () essentialelements of a pe;udicial &uestions ae+ (a) the civil action involves an issuesimila o intimatel" elated to the issue aised in the ciminal action and (!) theesolution of such issue detemines whethe o not the ciminal action ma"

poceed.

$ection 0

Suspension by reason of pre'udicial "uestion. -- A petition fo suspension of theciminal action !ased upon the pendenc" of a pe;udicial &uestion in a civilaction ma" !e filed in the office of the fiscal o the cout conducting thepelimina" investigation. When the ciminal action has !een filed in cout fotial# the petition to suspend shall !e filed in the same ciminal action at an"time !efoe the posecution ests.

6. Distinguished from contrct!"rech of contrct

CC ''

*!ligations aise fom+(') ,aw() Contacts(/) Quasi-contacts(4) Acts and omissions punished !" law and() Quasi-delicts.

CC ''@

*!ligations aising fom contacts have the foce of law !etween the contactingpaties and should !e complied with in good faith.

CC '': (Damages)When guilt" of faud# negligence# dela" o contavention of the teno ofo!ligations# one is lia!le fo damages.

CC '' (8esponsi!ilit" fo negligence)

8esponsi!ilit" aising fom negligence in all o!ligations is demanda!le !ut lia!ilit"ma" !e egulated !" the couts accoding to the cicumstances.

CC ''/ (


10/70

Page 10of 70


When negligence shows !ad faith the povisions of Aticles ''' and :'#paagaph shall appl".

If the law o the contact does not state the e&uied diligence which is to !e

o!seved in the pefomance# that which is e%pected of a good fathe of a famil"shall !e e&uied.

CC '/'4

An" thid peson who induces anothe to violate his contact shall !e lia!le fodamages to the othe contacting pat".

. =eneal 9inciples

CC '@

7ve" peson must# in the e%ecise of his ights and in the pefomance of hisduties# act with ;ustice# give eve"one his due# and o!seve honest" and goodfaith.

CC :

7ve" peson who# conta" to law# willfull" o negligentl" causes damage toanothe# shall indemnif" the latte fo the same.

CC '

An" peson who willfull" causes loss o in;u" to anothe in a manne that isconta" to moals# good customs o pu!licpolic" shall compensate the latte fo the damage.

CC

7ve" peson who though an act of pefomance !" anothe# o an" othemeans# ac&uies o comes into possession of something at the e%pense of thelatte without ;ust o legal gound# shall etun the same to him.

CC /

7ven when an act o event causing damage to anothe>s popet" was not dueto the fault o negligence of the defendant# the latte shall !e lia!le fo indemnit"if though the act o event he was !enefited.

CC '0 (Damages)


11/70

Page 11of 70


Whoeve !" act o omission causes damage to anothe# thee !eing fault onegligence# is o!liged to pa" fo the damage done. $uch fault o negligence# ifthee is no pe-e%isting contactual elation !etween the paties# is called a&uasi-delict and is govened !" the povision of Chapte II (Quasi-Delicts).

C. 7lements of Quasi-Delict

.


12/70

Page 12of 70


ta5ing into consideation his emplo"ment o occupation# degee of intelligence#ph"sical condition and othe cicumstances egading pesons# time and place.

$imple impudence consists in the lac5 of pecaution displa"ed in those

cases in which the damage impending to !e caused is not immediate no thedange cleal" manifest.

CC '

8esponsi!ilit" fo fault o negligence unde Aticle '0 (Quasi Delict) is entiel"sepaate and distinct fom the civil lia!ilit" aising fom negligence unde the9enal Code. ut the plaintiff cannot ecove damages twice fo the same act oomission of the defendant.

CC '?

1he povisions of Aticles '' to ''4 ae also applica!le to a &uasi-delict.

cf CC :

In cimes and &uasi-delicts# the defendants shall !e lia!le fo all damageswhich ae natual and po!a!le conse&uences of the act o omission complainedof. It is not necessa" that such damages have !een foeseen o could haveeasona!l" !een foeseen !" the defendant.

!. Conti!uto" negligence

CC '@

When the plaintiff>s own negligence was the immediate and po%imate cause ofhis in;u"# he cannot ecove damages. ut if his negligence was onl"conti!uto"# the immediate and po%imate cause of the in;u" !eing thedefendant>s lac5 of due cae# the plaintiff ma" ecove damages# !ut the coutsshall mitigate the damages to !e awaded

CC :/

1he pat" suffeing loss o in;u" must e%ecise the diligence of a good fatheof a famil" to minimiBe the damages esulting fom the act o omission in&uestion.

CC '4


13/70

Page 13of 70


In &uasi-delicts the conti!uto" negligence of the plaintiff shall educe thedamages that he ma" ecove.

CC '0

1he conti!uto" negligence of the passenge does not !a ecove" of damagesfo his death o in;uies# if the po%imate cause theeof is the negligence of thecommon caie# !ut the amount of damages shall !e e&uita!l" educed.

cf CC '@4

1he esponsi!ilit" of two o moe pesons who ae lia!le fo a &uasi-delict is solida".

c. ,ast clea chance

CC '

A common caie is !ound to ca" the passenges safel" as fa as human caeand foesight can povide# using the utmost diligence of ve" cautious pesons#with a due egad fo all the cicumstances.

CC '0

In case of death of o in;uies to passenges# common caies ae pesumedto have !een at fault o to have acted negligentl"# unless the" pove that the"

o!seved e%taodina" diligence as pesci!ed in '// and '.

CC '?4

In moto vehicle mishap# the owne is solidail" lia!le with his dive# if thefome# who was in the vehicle# could have !" the use of due diligence#pevented the misfotune. It is disputa!l" pesumed that a dive was negligent# ifhe had !een found guilt" of ec5less diving o violating taffic egulations atleast twice within the ne%t peceding two months.

If the owne was not in the moto vehicle# the povisions of Aticle '?: aeapplica!le.

CC '?


14/70

Page 14of 70


nless thee is poof to the conta"# it is pesumed that a peson diving amoto vehicle has !een negligent if at the time of the mishap# he was violatingan" taffic egulation.

CC '?0

7ve" owne of a moto vehicle shall file with the pope govenment office a!ond e%ecuted !" a =ovenment-owned and Contolled copoation o office# toanswe fo damages to thid pesons. 1he amount of the !ond and othe temsshall !e fi%ed !" the competent pu!lic official.

CC '?:

1he o!ligation imposed !" Aticle '0 is demanda!le not onl" fo one>s ownacts o omissions# !ut also fo those of pesons fo whom one is esponsi!le.

1he fathe and# in case of his death o incapacit"# the mothe# ae esponsi!lefo the damages caused !" the minochilden who live in thei compan".

=uadians ae lia!le fo damages caused !" the minos o incapacitatedpesons who ae unde thei authoit" and live in thei compan".

1he ownes and manages of an esta!lishment o entepise ae li5ewiseesponsi!le fo damages caused !" thei emplo"ees in the sevice of the!anches in which the latte ae emplo"ed o on the occasion of thei functions.

7mplo"es shall !e lia!le fo the damages caused !" thei emplo"ees andhousehold helpes acting within the scope of thei assigned tas5s# even thoughthe fome ae not engaged in an" !usiness o indust".

1he $tate is esponsi!le in li5e manne when it acts though a special agent#!ut not when the damage has !een caused !" the official to whom the tas5done popel" petains# in which case what is povided in Aticle '0 shall !eapplica!le.

,astl"# teaches o heads of esta!lishments of ats and tades shall !e lia!le fo

damages caused !" thei pupils and students o appentices# so long as the"emain in thei custod".

1he esponsi!ilit" teated of in this aticle shall cease when the pesons heeinmentioned pove that the" o!seved all the diligence of a good fathe of a famil"to pevent damage.

,11C# Chap III# at # / and # Chap I3


15/70

Page 15of 70


89C '' (4)

&ustifying circumstances. -- 1he following do not incu an" ciminal lia!ilit"+

(4) An" peson who# in ode to avoid an evil o in;u"# does an act which causesdamage to anothe# povided that the following e&uisites ae pesent+


16/70

Page 16of 70


pat of the defendant if the death o in;u" esults fom his possession ofdangeous weapons o su!stances# such as fieams and poison# e%cept whenthe possession o use theeof is indispensa!le in his occupation o !usiness.

CC '

A common caie is !ound to ca" the passenges safel"as fa as human cae and foesight can povide# using the utmost diligence ofve" cautious pesons# with a due egad fo all the cicumstances.

CC '0

In case of death of o in;uies to passenges# common caies ae pesumedto have !een at fault o to have acted negligentl"# unless the" pove that the"o!seved e%taodina" diligence as pesci!ed in '// and '.

CC '@:

1he popieto of a !uilding o stuctue is esponsi!le fo the damages esultingfom its total o patial collapse# if it should !e due to the lac5 of necessa"epais.

CC '@/

1he head of a famil" that lives in a !uilding o a pat

theeof# is esponsi!le fo damages caused !" things thown o falling fom thesame.

CC '/

1he enginee o achitect who dew up the plans and specifications fo a!uilding is lia!le fo damages if within fifteen "eas fom the completion of thestuctue# the same should collapse !" eason of a defect in those plans andspecifications# o due to the defects in the gound. 1he contacto is li5ewiseesponsi!le fo the damages if the edifice falls# within the same peiod# onaccount of defects in the constuction o the use of mateials of infeio &ualit"

funished !" him# o due to an" violation of the tems of the contact. If theenginee o achitect supevises the constuction# he shall !e solidail" lia!lewith the contacto.

Acceptance of the !uilding# afte completion# does not impl" waive of an" ofthe causes of action !" eason of an" defect mentioned in the pecedingpaagaph.


17/70

Page 17of 70


1he action must !e !ought within ten "eas following the collapse of the !uilding.

f. Assumption of is5

CC ''4

No peson shall !e lia!le fo unfoeseen events o thosefoeseen !ut inevita!le unless stipulated in the law o the contact o theo!ligation e&uies the assumption of is5.

()


18/70

Page 18of 70


When the plaintiff>s own negligence was the immediate and po%imate cause ofhis in;u"# he cannot ecove damages. ut if his negligence was onl"conti!uto"# the immediate and po%imate cause of the in;u" !eing the

defendant>s lac5 of due cae# the plaintiff ma" ecove damages# !ut the coutsshall mitigate the damages to !e awaded.

D. 9esons lia!le fo &uasi-delict

'. 1he totfeaso

CC '0

Whoeve !" act o omission causes damage to anothe# thee !eing fault onegligence# is o!liged to pa" fo the damage done. $uch fault o negligence# if

thee is no pe-e%isting contactual elation !etween the paties# is called a&uasi-delict and is govened !" the povision of Chapte II (Quasi-Delicts).

CC '@

When the plaintiff>s own negligence was the immediate and po%imate cause ofhis in;u"# he cannot ecove damages. ut if his negligence was onl"conti!uto"# the immediate and po%imate cause of the in;u" !eing thedefendant>s lac5 of due cae# the plaintiff ma" ecove damages# !ut the coutsshall mitigate the damages to !e awaded.

CC '?'

Whoeve pa"s fo the damage caused !" his dependents o emplo"ees ma"ecove fom the latte what he has paid o deliveed in satisfaction of the claim.

cf CC '/

1he enginee o achitect who dew up the plans and specifications fo a!uilding is lia!le fo damages if within fifteen "eas fom the completion of thestuctue# the same should collapse !" eason of a defect in those plans and

specifications# o due to the defects in the gound. 1he contacto is li5ewiseesponsi!le fo the damages if the edifice falls# within the same peiod# onaccount of defects in the constuction o the use of mateials of infeio &ualit"funished !" him# o due to an" violation of the tems of the contact. If the

enginee o achitect supevises the constuction# he shall !e solidail" lia!lewith the contacto.


19/70

Page 19of 70


Acceptance of the !uilding# afte completion# does not impl" waive of an" ofthe causes of action !" eason of an" defect mentioned in the pecedingpaagaph.

1he action must !e !ought within ten "eas following the collapse of the !uilding.

89C :

ED=F7N1 87ND787D 18*= N7=,I=7NC7

') 1hat the offende is a ;udge

) 1hat he endes a ;udgment in a case su!mitted to him fo decision

/) 1hat the ;udgment is manifestl" un;ust

4) 1hat it is due to his ine%cusa!le negligence o ignoance

89C :?

98*$7C1I*N *< *


20/70

Page 20of 70


718AGA, *< 18$1 G AN A11*8N7G *8 $*,ICI1*8 8737,A1I*N *s ownacts o omissions# !ut also fo those of pesons fo whom one is esponsi!le.

1he fathe and# in case of his death o incapacit"# the mothe# ae esponsi!le

fo the damages caused !" the mino childen who live in thei compan".

=uadians ae lia!le fo damages caused !" the minos o incapacitatedpesons who ae unde thei authoit" and live in thei compan".

1he ownes and manages of an esta!lishment o entepise ae li5ewiseesponsi!le fo damages caused !" thei emplo"ees in the sevice of the!anches in which the latte ae emplo"ed o on the occasion of thei functions.

7mplo"es shall !e lia!le fo the damages caused !" thei emplo"ees andhousehold helpes acting within the scope of thei assigned tas5s# even though

the fome ae not engaged in an" !usiness o indust".

1he $tate is esponsi!le in li5e manne when it acts though a special agent#!ut not when the damage has !een caused !" the official to whom the tas5done popel" petains# in which case what is povided in Aticle '0 shall !eapplica!le.

,astl"# teaches o heads of esta!lishments of ats and tades shall !e lia!le fodamages caused !" thei pupils and students o appentices# so long as the"emain in thei custod".

1he esponsi!ilit" teated of in this aticle shall cease when the pesons heeinmentioned pove that the" o!seved all the diligence of a good fathe of a famil"to pevent damage.

CC '?'

Whoeve pa"s fo the damage caused !" his dependents o emplo"ees ma"ecove fom the latte what he has paid o deliveed in satisfaction of the claim.


26/70

Page 26of 70


f. 1he $tate

CC 44 (')

1he following ae ;uidical pesons+

(') 1he $tate and its political su!divisions

CC 4 (')

Euidical pesons mentioned in Nos. ' and of Aticle 44 ae govened !" thelaws ceating o ecogniBing them.

CC 40

Euidical pesons ma" ac&uie and possess popet" of all 5inds# as well as incuo!ligations and !ing civil o ciminal actions# in confomit" with the laws andegulations of thei oganiBation.

/. 9aticula pesons made lia!le !" law

a. 9ossesso o use of animals

CC '?/

1he possesso of an animal o whoeve ma" ma5e use of the same isesponsi!le fo the damage which it ma" cause# although it ma" escape o!e lost. 1his esponsi!ilit" shall cease onl" in case the damage should comefom foce ma;eue o fom the fault of the peson who has suffeed damage.

!. *wnes 6 dives of moto vehicles

CC '?4

In moto vehicle mishap # the owne is solidail" lia!le with his dive# if thefome# who was in the vehicle# could have !" the use of due diligence#pevented the misfotune. It is disputa!l" pesumed that a dive was negligent# ifhe had !een found guilt" of ec5less diving o violating taffic egulations atleast twice within the ne%t peceding two months.

If the owne was not in the moto vehicle# the povisions of Aticle '?: aeapplica!le.


27/70

Page 27of 70


CC '?

nless thee is poof to the conta"# it is pesumed that a peson diving a

moto vehicle has !een negligent if at the time of the mishap# he was violatingan" taffic egulation.

CC '?0

7ve" owne of a moto vehicle shall file with the pope govenment office a!ond e%ecuted !" a =ovenment owned o contolled copoation o office# toanswe fo damages to thid pesons. 1he amount of the !ond and othe temsshall !e fi%ed !" the competent pu!lic official.

IC (CF3,I)

c. Fanufactues

CC '?

Fanufactues and pocessos of foodstuffs# din5s# toilet aticles and similagoods shall !e lia!le fo death o in;uies caused !" an" no%ious o hamfulsu!stances used# although no contactual elation e%ists !etween them andthe consumes.

CC '4

In a contact of sale# unless a conta" intention appeas# thee is+

(') An implied waant" on the pat of the selle that he has a ight to sell thething at the time when the owneship is to pass# and that the !u"e shall fomthat time have and en;o" the legal and peaceful possession of the thing

() An implied waant" that the thing shall !e fee fom an" hidden faults odefects# o an" chage o encum!ance not declaed o 5nown to the !u"e.

1his aticle shall not# howeve# !e held to ende lia!le a sheiff# auctionee#motgagee# pledgee# o othe peson pofessing to sell !" vitue of authoit" infact o law# fo the sale of a thing in which a thid peson has a legal oe&uita!le inteest.

8A /@4 (1he Consumes Act of the 9hilippines of '@@)


28/70

Page 28of 70


8A /@4+ '0

#rescription.-- All actions o claims accuing unde the povisions of this Act andthe ules and egulations issued pusuant theeto shall pesci!e within two ()"eas fom the time the consume tansaction was consummated o thedeceptive o unfai and unconsciona!le act o pactice was committed and incase of hidden defects# fom discove" theeof.

Chapte 3 - ,IAI,I1G *< 98*DC1$ AND $783IC7$

8A /@4+ @

*iability for the (efective #roducts.-- An"


29/70

Page 29of 70


*iability of )radesman or Seller. -- 1he tadesman 6selle is li5ewise lia!le#pusuant to the peceding aticle when+

a) it is not possi!le to identif" the manufactue# !uilde# poduce o impote

!) the poduct is supplied# without clea identification of the manufactue#poduce# !uilde o impotec) he does not ade&uatel" peseve peisha!le goods. 1he pat" ma5ing pa"mentto the damaged pat" ma" e%ecise the ight to ecove a pat of the whole ofthe pa"ment made against the othe esponsi!le paties# in accodance withthei pat o esponsi!ilit" in the cause of the damage effected.

8A /@4+ @@

*iability for (efective Services. -- 1he sevice supplie is lia!le fo edess#independentl" of fault# fo damages caused to consumes !" defects elating to

the endeing of the sevices# as well as fo insufficient o inade&uateinfomation on the fuition and haBads theeof.

1he sevice is defective when it does not povide the safet" the consumema" ightfull" e%pect of it# ta5ing the elevant cicumstances into consideation#including !ut not limited to+

a) the manne in which it is povided!) the esult of haBads which ma" easona!l" !e e%pected of itc) the time when it was povided.

A sevice is not consideed defective !ecause of the use o intoduction of newtechni&ues.

the supplie of the sevices shall not !e lia!le when it is poven+

a) that thee is no defect in the sevice endeed!) that the consume o thid pat" is solel" at fault.

8A /@4+ '::

,ia!ilit" fo 9oduct and $evice Impefection. -- 1he supplies of dua!le onondua!le consume poducts ae ;ointl" lia!le fo impefections in &ualit" thatende the poducts unfit o inade&uate fo consumption fo which the" ae

designed o decease thei value# and fo those esulting fom inconsistenc"with the infomation povided on the containe# pac5aging# la!els o pu!licit"messages6advetisement# with due egad to the vaiations esulting fom theinatue# the consume !eing a!le to demand eplacement to the impefect pats.


30/70

Page 30of 70


If the impefection is not coected within thit" (/:) da"s# the consume ma"altenativel" demand at his option+

a) the eplacement of the poduct !" anothe of the same 5ind# in a pefect state

of use!) the immediate eim!usement of the amount paid# with moneta" updating#without pe;udice to an" losses and damagesc) a popotionate pice eduction.

1he paties ma" agee to educe o incease the tem specified in theimmediatel" peceding paagaph+ !ut such shall not !e less than seven () nomoe than one hunded and eight" ('?:) da"s.

1he consume ma" ma5e immediate use of the altenatives unde the secondpaagaph of this Aticle when !" vitue of the e%tent of the impefection# the

eplacement of the impefect pats ma" ;eopadiBe the poduct &ualit" ochaacteistics# thus deceasing its value.

If the consume opts fo the altenative unde su!paagaph (a) of the secondpaagaph of this Aticle# and eplacement of the poduct is not possi!le# it ma"!e eplaced !" anothe of a diffeent 5ind# ma5 o model+ 9ovided# 1hat an"diffeence in pice ma" esult theeof shall !e supplemented o eim!used !"

the pat" which caused the damage# without pe;udice to the povisions of thesecond# thid and fouth paagaphs of this Aticle.

8A /@4+ ':'

,ia!ilit" fo 9oduct Quantit" Impefection.-- $upplies ae ;ointl" lia!le foimpefections in the &uantit" of the poduct when# in due egad fo vaiationsinheent theeto# thei net content is less than that indicated on the containe#pac5aging# la!eling o advetisement# the consume having powes to demand#altenativel"# at his own option+

a) the popotionate pice!) the supplementing of weight o measue diffeential+c) the eplacement of the poduct !" anothe of the same 5ind# ma5 o model#without said impefections

d) the immediate eim!usement of the amount paid# with moneta" updatingwithout pe;udice to losses and damages if an".

1he povisions of the fifth paagaph of Aticle @@ shall appl" to this Aticle.

1he immediate supplie shall !e lia!le if the instument used fo weighing omeasuing is not gauged in accodance with official standads.


31/70

Page 31of 70


8A /@4+ ':

*iability for Service +uality mperfection. -- the sevice supplie is lia!le fo an"&ualit" impefections that ende the sevices impope fo consumption o

decease thei value# and fo those esulting fom inconsistenc" with theinfomation contained in the offe o advetisement# the consume !eing

entitled to demand altenativel" at his option+

a) the pefomance of the sevices# without an" additional cost and whenapplica!le!) the immediate eim!usement of the amount paid# with moneta" updatingwithout pe;udice to losses and damages# if an"c) a popotionate pice eduction.

8epefomance of sevices ma" !e entusted to dul" &ualified thid paties# at thesupplie>s is5 and cost.

Impope sevices ae those which pove to !e inade&uate fo puposeseasona!l" e%pected of them and those that fail to meet the povisions of this

Act egulating sevice endeing.

8A /@4+ ':/

Repair Service !bligation. -- When sevices ae povided fo the epai of an"poduct# the supplie shall !e consideed implicitl" !ound to use ade&uate# new#

oiginal eplacement pats# o those that maintain the manufactue>s technicalspecifications unless# othewise authoiBed# as egads to the latte !" thecustome.

8A /@4+ ':4

gnorance of +uality mperfection. -- 1he supplie>s ignoance of the &ualit"impefections due to inade&uac" of the poducts and sevices does not e%empthim fom an" lia!ilit".

8A /@4+ ':

*egal uarantee of de"uacy.-- 1he legal guaantee of poduct o seviceade&uac" does not e&uie an e%pess instument o contactual e%oneation ofthe supplie !eing fo!idden.

8A /@4+ ':0


32/70

Page 32of 70


#rohibition in Contractual Stipulation. -- 1he stipulation in a contact of a clausepeventing# e%oneating o educing the o!ligation to indemnif" fo damageseffected# as povided fo in this and in the peceding Aticle# is hee!"pohi!ited# if thee is moe than one peson esponsi!le fo the cause of the

damage# the" shall !e ;ointl" lia!le fo the edess esta!lished in the petinentpovisions of this Act.

oweve# if the damage is caused !" a component o pat incopoated in thepoduct o sevice# its manufactue# !uilde o impote and the peson whoincopoated the component o pat ae ;ointl" lia!le.

8A /@4+ ':

#enalties. -- An" peson who shall violate an" povision of this Chapte o itsimplementing ules and egulations with espect to an" consume poduct which

is not food# cosmetic# o haBadous su!stance shall upon conviction# !e su!;ectto a fine of not less than


33/70

Page 33of 70


Corporate #owers. -- (a) 7ve" local govenment unit# as a copoation# shallhave the following powes+

(') 1o have continuous succession in its copoate name

() 1o sue and !e sued

(/) 1o have and use a copoate seal

(4) 1o ac&uie and conve" eal o pesonal popet"

() 1o ente into contacts and

(0) 1o e%ecise such othe powes as ae ganted to copoations# su!;ect tothe limitations povided in the ,ocal =ovenment Code and othe laws.

e. 9opieto of !uilding o stuctue

CC '@:

1he popieto of a !uilding o stuctue is esponsi!le fo the damages esultingfom its total o patial collapse# if it should !e due to the lac5 of necessa"epais.

CC '@'

9opietos shall also !e esponsi!le fo damages caused+

(') " the e%plosion of machine" which has not !een ta5en caed of withdue diligence# and the inflammation of e%plosive su!stances which have not!een 5ept in a safe and ade&uate place

() " e%cessive smo5e# which ma" !e hamful to pesons o popet"

(/) " the falling of tees situated at o nea highwa"s o lanes# if not caused !"foce ma;eue

(4) " emanations fom tu!es# canals# sewes o deposits of infectious matte#constucted without pecautions suita!le to the place.

CC '@

If damages efeed to in Aticles '@: and '@' should !e the esult of an"defect in the constuction mentioned in Aticle '/# the thid peson suffeing


34/70

Page 34of 70


damages ma" poceed onl" against the enginee o achitect o contacto inaccodance with said aticle# within the peiod theein fi%ed.

f. ead of the famil"

CC '@/

1he head of a famil" that lives in a !uilding o a pat theeof# is esponsi!le fodamages caused !" things thown o falling fom the same.

7. Eoint and $olida" ,ia!ilit"

CC '@4

1he esponsi!ilit" of two o moe pesons who ae lia!le fo a &uasi-delict issolida".


35/70

Page 35of 70


()


36/70

Page 36of 70


('@)


37/70

Page 37of 70


/. 9e;udicial &uestion

CC /0

9e;udicial &uestions# which must !e decided !efoe an" ciminal posecutionma" !e instituted o ma" poceed# shall !e govened !" ules of cout which the$upeme Cout shall pomulgate and which shall not !e in conflict with thepovisions of the Civil Code.

8ule '''

9A81 1W*+ FAN 87,A1I*N$

A. asic pinciples a!use of ight

CC '@

7ve" peson must# in the e%ecise of his ights and in the pefomance of hisduties# act with ;ustice# give eve"one his due# and o!seve honest" and goodfaith.

CC :

7ve" peson who# conta" to law# willfull" o negligentl" causes damage toanothe# shall indemnif" the latte fo the same.

CC '

An" peson who willfull" causes loss o in;u" to anothe in a manne that isconta" to moals# good customs o pu!lic polic" shall compensate the latte fothe damage.

. n;ust enichment

CC

7ve" peson who though an act of pefomance !" anothe# o an" othemeans# ac&uies o comes into possession of something at the e%pense of thelatte without ;ust o legal gound# shall etun the same to him.

CC /


38/70

Page 38of 70


7ven when an act o event causing damage to anothe>s popet" was not dueto the fault o negligence of the defendant# the latte shall !e lia!le fo indemnit"if though the act o event he was !enefited.

CC '4

If something is eceived when thee is no ight to demand it# and it was undul"deliveed though mista5e# the o!ligation to etun it aises.

C. 9otection of the disadvantaged

CC 4

In all contactual# popet" o othe elations# when one of the paties is at adisadvantage on account of his moal dependence# ignoance# indigence#

mental wea5ness# tende age o othe handicap# the couts must !e vigilant fohis potection.

CC '//

When one of the paties is una!le to ead# o if the contact is in a languagenot undestood !" him# and mista5e o faud is alleged# the peson enfocing thecontact must show that the tems theeof have !een full" e%plained to the

fome.

D. *stentatious displa" of wealth

CC

1houghtless e%tavagance in e%penses fo pleasue o displa" duing a peiodof acute pu!lic want o emegenc" ma" !e stopped !" ode of the couts atthe instance of an" govenment o pivate chaita!le institution.

7. 8espect fo dignit"# pesonalit"# pivac" and peace of mind of anothe

CC 0

7ve" peson shall espect the dignit"# pesonalit"# pivac" and peace of mindof his neigh!os and othe pesons. 1he following and simila acts# though the"ma" not constitute a ciminal offense# shall poduce a cause of action fodamages# pevention and othe elief+

(') 9"ing into the pivac" of anothe>s esidence


39/70

Page 39of 70


() Feddling with o distu!ing the pivate life o famil" elations of anothe

(/) Intiguing to cause anothe to !e alienated fom his fiends

(4) 3e%ing o humiliating anothe on account of his eligious !eliefs# lowl"station in life# place of !ith# ph"sical defect# o othe pesonal condition.


40/70

Page 40of 70


() s peson# house# papes# and effects againstuneasona!le seaches and seiBues

(':) 1he li!et" of a!ode and of changing the same

('') 1he pivac" of communication and coespondence

(') 1he ight to !ecome a mem!e of associations o societies fo puposesnot conta" to law

('/) 1he ight to ta5e pat in a peacea!le assem!l" to petition the =ovenmentfo edess of gievances

('4) 1he ight to !e fee fom involunta" sevitude in an" fom

(') 1he ight of the accused against e%cessive !ail

('0) 1he ight of the accused to !e head !" himself and counsel# to !e infomedof the natue and cause of the accusation against him# to have a speed" andpu!lic tial# to meet the witnesses face to face# and to have compulso" pocessto secue the attendance of witness in his !ehalf

(') s self# o fom!eing foced to confess guilt# o fom !eing induced !" a pomise of immunit" oewad to ma5e such confession# e%cept when the peson confessing !ecomesa $tate witness

('?) s acto omission constitutes a ciminal offense# the aggieved pat" has a ight tocommence an entiel" sepaate and distinct civil action fo damages and fo


41/70

Page 41of 70


othe elief. $uch civil action shall poceed independentl" of an" ciminalposecution (if the latte !e instituted) and ma" !e poved !" a pepondeance ofevidence.

Defamation# faud and ph"sical in;uies

CC //

In cases of defamation# faud# and ph"sical in;uies# a civil action fo damages#entiel" sepaate and distinct fom the ciminal action# ma" !e !ought !" thein;ued pat". $uch civil action shall poceed independentl" of the ciminalposecution# shall e&uie onl" a pepondeance of evidence.

Nonfeasances of police

CC /4

When a mem!e of a cit" o municipal police foce efuses o fails to ende aido potection to an" peson in case of dange to life o popet"# such peaceoffice shall !e pimail" lia!le fo damages# and the cit" o municipalit" shall !esu!sidiail" esponsi!le theefo. 1he civil action heein ecogniBed shall !eindependent of an" ciminal poceedings# and a pepondeance of evidenceshall suffice to suppot such action.

When no independent civil action is povided

CC /

When a peson# claiming to !e in;ued !" a ciminal offense# chages anothewith the same# fo which no independent civil action is ganted in the Civil Codeo an" special law# !ut the ;ustice of the peace finds no easona!le gounds to!elieve that a cime has !een committed# o the posecuting attone" efuses ofails to institute ciminal poceedings# the complainant ma" !ing a civil actionfo damages against the alleged offende. $uch civil action ma" !e suppoted !"a pepondeance of evidence. pon the defendants> motion# the cout ma"


If duing the pendenc" of the civil action# an infomation should !e pesented!" the posecuting attone"# the civil action shall !e suspended until thetemination of the ciminal poceedings.

9A81 1877+ NI$ANC7


42/70

Page 42of 70


A. Definition

CC 0@4

A nuisance is an" act# omission# esta!lishment# condition of popet"# o an"thingelse which+

(') In;ues o endanges the health o safet" of othes o

() Anno"s o offends the senses o

(/) $hoc5s# defies o disegads decenc" o moalit" o

(4) *!stucts o intefees with the fee passage of an" pu!lic highwa" o

steets# o an" !od" of wate o

() indes o impais the use of popet".

. Hinds

'. 9u!lic o pivate

CC 0@

Nuisance is eithe pu!lic o pivate. A pu!lic nuisance affects a communit" o

neigh!ohood o an" considea!le num!e of pesons# although the e%tent of theanno"ance# dange o damage upon individuals ma" !e une&ual. A pivatenuisance is one that is not included in the foegoing definition.

C. A!atement

CC 0@0

7ve" successive owne o possesso of popet" who fails o efuses to a!ate anuisance in that popet" stated !" a fome owne o possesso is lia!le theefoin the same manne as the one who ceated it.

CC 0@

1he a!atement of a nuisance does not peclude the ight of an" peson in;uedto ecove damages fo its past e%istence.

CC 0@?


43/70

Page 43of 70


,apse of time cannot legaliBe an" nuisance# whethe pu!lic o pivate.

CC 0@@

1he emedies against a pu!lic nuisance ae+

(') A posecution unde the 9enal Code o an" local odinance o

() A civil action o

(/) A!atement# without ;udicial poceedings.

CC ::

1he distict health office shall ta5e cae that one o all of the emedies against

a pu!lic nuisance ae availed of.

CC :'

If a civil action is !ought !" eason of the maintenance of a pu!lic nuisance#such action shall !e commenced !" the cit" o municipal ma"o.

CC :

1he distict health office shall detemine whethe o not a!atement# without;udicial poceedings# is the !est emed" against a pu!lic nuisance.

CC :/

A pivate peson ma" file an action on account of pu!lic nuisance# if it isspeciall" in;uious to himself.

CC :4

A pivate peson ma" a!ate a pu!lic nuisance which is speciall" in;uious tohim !" emoving# o if necessa"# !" desto"ing the thing which constitutes thesame# without committing a !each of the peace# o doing unnecessa" in;u".

ut it is necessa"+

(') 1hat demand !e fist made upon the owne o possesso of the popet" toa!ate the nuisance

() 1hat such demand has !een e;ected


44/70

Page 44of 70


(/) 1hat the a!atement !e appoved !" the distict health office and e%ecutedwith the assistance of the local police and

(4) 1hat the value of the destuction does not e%ceed thee thousand pesos.

CC :

1he emedies against a pivate nuisance ae+

(') A civil action o

() A!atement# without ;udicial poceedings.

CC :0

An" peson in;ued !" a pivate nuisance ma" !ate it !" emoving# o ifnecessa" !" desto"ing the thing which constitutes the nuisance# withoutcommitting a !each of the peace o doing unnecessa" in;u". oweve# it isindispensa!le that the pocedue fo e%ta;udicial a!atement of a pu!lic nuisance

!" a pivate peson !e followed.

CC :

A pivate peson o a pu!lic official e%ta;udiciall" a!ating a nuisance shall !elia!le fo damages+

(') If he causes unnecessa" in;u" o() If an alleged nuisance is late declaed !" the couts to !e not a ealnuisance.

D. 7asement against nuisance

CC 0?

7ve" !uilding o piece of land is su!;ect to the easement which pohi!its thepopieto o possesso fom committing nuisance though noise# ;aing#

offensive odo# smo5e# heat# dust# wate# glae and othe causes.

CC 0?/

$u!;ect to Boning# health# police and othe laws and egulations# factoies andshops ma" !e maintained povided the least possi!le anno"ance is caused tothe neigh!ohood.


45/70

Page 45of 70


DAFA=7$

A. =eneal povisions

'. Concept6ules

CC '@

1he povisions of this 1itle shall !e espectivel" applica!le to all o!ligationsmentioned in aticle ''.

CC '@0

1he ules unde this 1itle ae without pe;udice to special povisions ondamages fomulated elsewhee in the Civil Code. Compensation fo wo5menand othe emplo"ees in case of death# in;u" o illness is egulated !" speciallaws. 8ules govening damages laid down in othe laws shall !e o!sevedinsofa as the" ae not in conflict with the Civil Code.

CC '@

Damages ma" !e+(') Actual o compensato"

() Foal(/) Nominal(4) 1empeate o modeate() ,i&uidated o(0) 7%empla" o coective.

CC '@?

1he pinciples of the geneal law on damages ae hee!" adopted insofa asthe" ae not inconsistent with the Civil Code.

. In la!o cases

,C ' (4)

Euisdiction of ,a!o A!ites and the Commission.-- 7%cept as othewisepovided unde the ,a!o Code# the ,a!o A!ites shall have oiginal ande%clusive ;uisdiction to hea and decide# within thit" (/:) calenda da"s afte


46/70

Page 46of 70


the su!mission of the case !" the paties fo decision without e%tension# evenin the a!sence of stenogaphic notes# the following cases involving all wo5es#

whethe agicultual o non-agicultual+

4. Claims fo actual# moal# e%empla" and othe foms of damages aisingfom the emplo"e-emplo"ee elations.

CC ':'

1he elation !etween capital and la!o ae not meel" contactual. 1he" ae soimpessed with pu!lic inteest that la!o contacts must "ield to the commongood. 1heefoe# such contacts ae su!;ect to the special laws on la!ounions# collective !againing# sti5es and loc5outs# closed shop# wages#

wo5ing conditions# hous of la!o and simila su!;ects.

. Actual o compensato" damages

'. 8e&uisites

CC '@

Foal damages ma" !e ecoveed in the following and analogous cases+

(') A ciminal offense esulting in ph"sical in;uies() Quasi-delicts causing ph"sical in;uies(/) $eduction# a!duction# ape# o othe lascivious acts(4) Adulte" o concu!inage() Illegal o a!ita" detention o aest(0) Illegal seach() ,i!el# slande o an" othe fom of defamation(?) Falicious posecution(@) Acts enumeated in Aticle /:@(':) Acts and actions efeed to in Aticles '# 0# # ?# @# /:# /# /4# and/.

1he paents of the female seduced# a!ducted# aped# o a!used# efeed to inNo. / of this aticle# ma" also ecove moal damages.

1he spouse# descendants# ascendants# and !othe and siste ma" !ing theaction mentioned in No. @ of this aticle# in the ode named.


47/70

Page 47of 70


CC /:@

An" peson who shows disespect to the dead# o wongfull" intefees with afuneal shall !e lia!le to the famil" of the deceased fo damages# mateial and

moal.

CC '


CC 0

7ve" peson shall espect the dignit"# pesonalit"# pivac" and peace of mind

of his neigh!os and othe pesons. 1he following and simila acts# though the"ma" not constitute a ciminal offense# shall poduce a cause of action fodamages# pevention and othe elief+

(') 9"ing into the pivac" of anothe>s esidence() Feddling with o distu!ing the pivate life o famil" elations of anothe(/) Intiguing to cause anothe to !e alienated fom his fiends(4) 3e%ing o humiliating anothe on account of his eligious !eliefs# lowl"station in life# place of !ith# ph"sical defect# o othe pesonal condition.

CC

An" peson suffeing mateial o moal loss !ecause a pu!lic sevant oemplo"ee efuses o neglects# without ;ust cause# to pefom his official dut"ma" file an action fo damages and othe elief against the latte# withoutpe;udice to an" disciplina" administative action that ma" !e ta5en.

CC ?

nfai competition in agicultual# commecial o industial entepises o in la!othough the use of foce# intimidation# deceit# machination o an" othe un;ust#oppessive o highhanded method shall give ise to a ight of action !" the

peson who thee!" suffes damage.

CC @


48/70

Page 48of 70


When the accused in a ciminal posecution is ac&uitted on the gound that hisguilt has not !een poved !e"ond easona!le dou!t# a civil action fo damagesfo the same act o omission ma" !e instituted. $uch action e&uies onl" apepondeance of evidence. pon motion of the defendant# the cout ma"


If in a ciminal case the ;udgment of ac&uittal is !ased upon easona!le dou!t#the cout shall so declae. In the a!sence of an" declaation to that effect# itma" !e infeed fom the test of the decision whethe o not the ac&uittal is dueto that gound.

CC /:

When a sepaate civil action is !ought to demand civil lia!ilit" aising fom a

ciminal offense# and no ciminal poceedings ae instituted duing thependenc" of the civil case# a pepondeance of evidence shall li5ewise !esufficient to pove the act complained of.

CC /

An" pu!lic office o emplo"ee# o an" pivate individual# who diectl" o indiectl"o!stucts# defeats# violates o in an" manne impedes o impais an" of thefollowing ights and li!eties of anothe peson shall !e lia!le to the latte fodamages+

(')


49/70

Page 49of 70


(':) 1he li!et" of a!ode and of changing the same

('') 1he pivac" of communication and coespondence

(') 1he ight to !ecome a mem!e of associations o societies fo puposesnot conta" to law

('/) 1he ight to ta5e pat in a peacea!le assem!l" to petition the =ovenmentfo edess of gievances

('4) 1he ight to !e fee fom involunta" sevitude in an" fom

(') 1he ight of the accused against e%cessive !ail

('0) 1he ight of the accused to !e head !" himself and counsel# to !e infomed

of the natue and cause of the accusation against him# to have a speed" andpu!lic tial# to meet the witnesses face to face# and to have compulso" pocessto secue the attendance of witness in his !ehalf

(') s self# o fom!eing foced to confess guilt# o fom !eing induced !" a pomise of immunit" oewad to ma5e such confession# e%cept when the peson confessing !ecomesa $tate witness

('?) s acto omission constitutes a ciminal offense# the aggieved pat" has a ight tocommence an entiel" sepaate and distinct civil action fo damages and foothe elief. $uch civil action shall poceed independentl" of an" ciminalposecution (if the latte !e instituted) and ma" !e poved !" a pepondeance ofevidence.

CC /4

When a mem!e of a cit" o municipal police foce efuses o fails to ende aido potection to an" peson in case of dange to life o popet"# such peaceoffice shall !e pimail" lia!le fo damages# and the cit" o municipalit" shall !esu!sidiail" esponsi!le theefo. 1he civil action heein ecogniBed shall !e


50/70

Page 50of 70


independent of an" ciminal poceedings# and a pepondeance of evidenceshall suffice to suppot such action.

CC /

When a peson# claiming to !e in;ued !" a ciminal offense# chages anothewith the same# fo which no independent civil action is ganted in the Civil Codeo an" special law# !ut the ;ustice of the peace finds no easona!le gounds to!elieve that a cime has !een committed# o the posecuting attone" efuses ofails to institute ciminal poceedings# the complainant ma" !ing a civil actionfo damages against the alleged offende. $uch civil action ma" !e suppoted !"a pepondeance of evidence. pon the defendants> motion# the cout ma"



a. pecunia"!. alleged with cetaint"c. po%imated. not speculative

. 7lements

CC ::

Indemnification fo damages shall compehend not onl" the value of the losssuffeed# !ut also that of the pofits which the o!ligee failed to o!tain.

CC :

Damages ma" !e ecoveed+(') s !usiness standing o commecial cedit.

a. value of loss6unealiBed pofit


51/70

Page 51of 70


CC ::


!. attone">s fees6costs of litigation

CC :?

In the a!sence of stipulation# attone">s fees and e%penses of litigation# othethan ;udicial costs# cannot !e ecoveed e%cept+

(') When e%empla" damages ae awaded() When the defendant>s act o omission has compelled the plaintiff to litigate

with thid pesons o to incu e%penses to potect his inteest(/) In ciminal cases of malicious posecution against the plaintiff(4) In case of a cleal" unfounded civil action o poceeding against the plaintiff() Whee the defendant acted in goss and evident !ad faith in efusing tosatisf" the plaintiff>s plainl" valid# ;ust and demanda!le claim(0) In actions fo legal suppot() In actions fo the ecove" of wages of household helpes# la!oes ands5illed wo5es(?) In actions fo indemnit" unde wo5men>s compensation and emplo"e>slia!ilit" laws(@) In a sepaate civil action to ecove civil lia!ilit" aising fom a cime

(':) When at least dou!le ;udicial costs ae awaded('') In an" othe case whee the cout deems it ;ust and e&uita!le that attone">sfees and e%penses of litigation should !e ecoveed.

In all cases# the attone">s fees and e%penses of litigation must !e easona!le.

c. inteest

CC :@

If the o!ligation consists in the pa"ment of a sum of mone"# and the de!to incusin dela"# the indemnit" fo damages# thee !eing no stipulation to the conta"#shall !e the pa"ment of the inteest ageed upon# and in the a!sence ofstipulation# the legal inteest# which is si% pe cent pe annum.

CC ':


52/70

Page 52of 70


Inteest ma"# in the discetion of the cout# !e allowed upon damages awadedfo !each of contact.

CC ''

In cimes and &uasi-delicts# inteest as a pat of the damages ma"# in popecase !e ad;udicated in the discetion of the cout.

CC '

Inteest due shall ean legal inteest fom the time it is ;udiciall" demanded#although the o!ligation ma" !e silent upon this point.

CC '/

Inteest cannot !e ecoveed upon unli&uidated claims o damages# e%ceptwhen the demand can !e esta!lished with easona!le cetaint".

/. $cope of actual damages

a. in contacts and &uasi-contacts

CC :'

In contacts and &uasi-contacts# the damages fo which the o!ligo who acted

in good faith is lia!le shall !e those that ae the natual and po!a!leconse&uences of the !each of the o!ligation# and which the paties havefoeseen o could have easona!l" foeseen at the time the o!ligation was

constituted.

In case of faud# !ad faith# malice o wanton attitude# the o!ligo shall !eesponsi!le fo all damages which ma" !e easona!l" atti!uted to the non-pefomance of the o!ligation.

CC '

In contacts# &uasi-contacts# and &uasi-delicts# the cout ma" e&uita!l"mitigate the damages unde cicumstances othe than the case efeed to inthe peceding aticle# as in the following instances+

(') 1hat the plaintiff himself has contavened the tems of the contact() 1hat the plaintiff has deived some !enefit as a esult of the contact


53/70

Page 53of 70


(/) In cases whee e%empla" damages ae to !e awaded# that the defendantacted upon the advice of counsel(4) 1hat the loss would have esulted in an" event() 1hat since the filing of the action# the defendant has done his !est to

lessen the plaintiff>s loss o in;u".

!. in delicts and &uasi-delicts

c. in delicts and &uasi-delicts esulting in death

C. Foal Damages

CC '

Foal damages include ph"sical suffeing# mental anguish# fight# seious an%iet"#!esmiched eputation# wounded feelings# moal shoc5# social humiliation# andsimila in;u". 1hough incapa!le of pecunia" computation# moal damagesma" !e ecoveed if the" ae the po%imate esult of the defendant>s wongful

act fo omission.

CC '?

In the ad;udication of moal damages# the sentimental value of popet"# eal opesonal ma" !e consideed.

'. When ecovea!le

CC '@


(') A ciminal offense esulting in ph"sical in;uies() Quasi-delicts causing ph"sical in;uies(/) $eduction# a!duction# ape# o othe lascivious acts

(4) Adulte" o concu!inage() Illegal o a!ita" detention o aest(0) Illegal seach() ,i!el# slande o an" othe fom of defamation(?) Falicious posecution(@) Acts enumeated in Aticle /:@(':) Acts and actions efeed to in Aticles '# 0# # ?#@# /:# /# /4# and /.


54/70

Page 54of 70


1he paents of the female seduced# a!ducted# aped# o a!used# efeed to inNo. / of this aticle# ma" also ecove moal damages.


CC /:@

An" peson who shows disespect to the dead# o wongfull" intefees with afuneal shall !e lia!le to the famil" of the deceased fo damages# mateial andmoal.

CC '


CC 0

7ve" peson shall espect the dignit"# pesonalit"# pivac" and peace of mindof his neigh!os and othe pesons. 1he following and simila acts# though the"ma" not constitute a ciminal offense# shall poduce a cause of action fodamages# pevention and othe elief+

(') 9"ing into the pivac" of anothe>s esidence() Feddling with o distu!ing the pivate life o famil" elations of anothe(/) Intiguing to cause anothe to !e alienated fom his fiends (4) 3e%ing o humiliating anothe on account of his eligious !eliefs# lowl"station in life# place of !ith# ph"sical defect# o othe pesonal condition.

CC

An" peson suffeing mateial o moal loss !ecause a pu!lic sevant oemplo"ee efuses o neglects# without ;ust cause# to pefom his official dut"ma" file an action fo damages and othe elief against the latte# withoutpe;udice to an" disciplina" administative action that ma" !e ta5en.

CC ?


55/70

Page 55of 70


nfai competition in agicultual# commecial o industial entepises o in la!othough the use of foce# intimidation# deceit# machination o an" othe un;ust#oppessive o highhanded method shall give ise to a ight of action !" the

peson who thee!" suffes damage.

CC @

When the accused in a ciminal posecution is ac&uitted on the gound that hisguilt has not !een poved !e"ond easona!le dou!t# a civil action fo damagesfo the same act o omission ma" !e instituted. $uch action e&uies onl" apepondeance of evidence. pon motion of the defendant# the cout ma"


If in a ciminal case the ;udgment of ac&uittal is !ased upon easona!le dou!t#

the cout shall so declae. In the a!sence of an" declaation to that effect# it ma"!e infeed fom the test of the decision whethe o not the ac&uittal is due tothat gound.

CC /:

When a sepaate civil action is !ought to demand civil lia!ilit" aising fom aciminal offense# and no ciminal poceedings ae instituted duing the pendenc"of the civil case# a pepondeance of evidence shall li5ewise !e sufficient to povethe act complained of.

CC /


(')


56/70

Page 56of 70


(':) 1he li!et" of a!ode and of changing the same('') 1he pivac" of communication and coespondence (') 1he ight to !ecome a mem!e of associations o societies fo puposesnot conta" to law

('/) 1he ight to ta5e pat in a peacea!le assem!l" to petition the =ovenmentfo edess of gievances('4) 1he ight to !e fee fom involunta" sevitude in an" fom(') 1he ight of the accused against e%cessive !ail ('0) 1he ight of the accused to !e head !" himself and counsel# to !einfomed of the natue and cause of the accusation against him# to have aspeed" and pu!lic tial# to meet the witnesses face to face# and to havecompulso" pocess to secue the attendance of witness in his !ehalf(') s self# o fom!eing foced to confess guilt# o fom !eing induced !" a pomise of immunit" oewad to ma5e such confession# e%cept when the peson confessing !ecomes

a $tate witness ('?) s acto omission constitutes a ciminal offense# the aggieved pat" has a ight tocommence an entiel" sepaate and distinct civil action fo damages and foothe elief. $uch civil action shall poceed independentl" of an" ciminalposecution (if the latte !e instituted) and ma" !e poved !" a pepondeance of

evidence.

CC /4

When a mem!e of a cit" o municipal police foce efuses o fails to ende aido potection to an" peson in case of dange to life o popet"# such peaceoffice shall !e pimail" lia!le fo damages# and the cit" o municipalit" shall !esu!sidiail" esponsi!le theefo. 1he civil action heein ecogniBed shall !eindependent of an" ciminal poceedings# and a pepondeance of evidenceshall suffice to suppot such action.

CC /

When a peson# claiming to !e in;ued !" a ciminal offense# chages anothewith the same# fo which no independent civil action is ganted in the Civil Codeo an" special law# !ut the ;ustice of the peace finds no easona!le gounds to!elieve that a cime has !een committed# o the posecuting attone" efuses ofails to institute ciminal poceedings# the complainant ma" !ing a civil actionfo damages against the alleged offende. $uch civil action ma" !e suppoted !"


57/70

Page 57of 70


a pepondeance of evidence. pon the defendants> motion# the cout ma"e&uie the plaintiff to file a !ond to indemnif" the defendant in case thecomplaint shall !e found to !e malicious.


CC :

Willful in;u" to popet" ma" !e a legal gound fo awading moal damages ifthe cout should find that# unde the cicumstances# such damages ae ;ustl"due. 1he same ule applies to !eaches of contact whee the defendantacted faudulentl" o in !ad faith.

. When not ecovea!le

see cases


58/70

Page 58of 70


1he penalt" ma" !e enfoced onl" when it is demanda!le in accodance with thepovision of the Civil Code.

'

1he de!to cannot e%empt himself fom the pefomance of the o!ligation !"pa"ing the penalt" unless such ight has !een e%pessl" eseved o him.

1he cedito cannot demand !oth the fulfillment of the o!ligation and the pa"mentof the penalt" at the same time unless this ight is cleal" ganted to him.oweve# if afte the cedito has decided to e&uie the fulfillment of theo!ligation# the pefomance theeof should !ecome impossi!le without his fault#the penalt" ma" !e enfoced.

'?

9oof of actual damages suffeed !" the cedito is not necessa" in ode thatthe penalt" ma" !e demanded.

'@ (8eduction of 9enalt")

1he ;udge shall e&uita!l" educe the penalt" when the pincipal o!ligation has!een patl" o iegulal" complied with !" the de!to. 7ven if thee has !een nopefomance# the penalt" ma" also !e educed !" the couts if it is ini&uitous ounconsciona!le.

'/:

1he nullit" of the penal clause does not ca" the nullit" of the pincipal o!ligation.

1he nullit" of the pincipal o!ligation caies the nullit" of the penal clause.

. =aduation of damages

'. Dut" of in;ued pat"

CC :/

1he pat" suffeing loss o in;u" must e%ecise the diligence of a good fatheof a famil" to minimiBe the damages esulting fom the act o omission in&uestion.


59/70

Page 59of 70


. 8ules in gaduating damages

/. Non co-e%istence

1I1,7 23III - DAFA=7$

Chapte I

=eneal 9ovisions

CC '@

1he povisions of this 1itle shall !e espectivel" applica!le to all o!ligationsmentioned in aticle ''.

CC '@0

1he ules unde this 1itle ae without pe;udice to special povisions ondamages fomulated elsewhee in the Civil Code. Compensation fo wo5menand othe emplo"ees in case of death# in;u" o illness is egulated !" speciallaws. 8ules govening damages laid down in othe laws shall !e o!sevedinsofa as the" ae not in conflict with the Civil Code.

CC '@

Damages ma" !e+(') Actual o compensato"() Foal(/) Nominal(4) 1empeate o modeate() ,i&uidated o(0) 7%empla" o coective.

CC '@?

1he pinciples of the geneal law on damages ae hee!" adopted insofa as

the" ae not inconsistent with the Civil Code.

Chapte

CC '@@


60/70

Page 60of 70


7%cept as povided !" law o !" stipulation one is entitled to an ade&uatecompensation onl" fo such pecunia" loss suffeed !" him as he has dul"poved. $uch compensation is efeed to as actual o compensato" damages.

CC ::


CC :'

In contacts and &uasi-contacts# the damages fo which the o!ligo who actedin good faith is lia!le shall !e those that ae the natual and po!a!leconse&uences of the !each of the o!ligation# and which the paties havefoeseen o could have easona!l" foeseen at the time the o!ligation was

constituted.

In case of faud# !ad faith# malice o wanton attitude# the o!ligo shall !eesponsi!le fo all damages which ma" !e easona!l" atti!uted to the non-pefomance of the o!ligation.

CC :

In cimes and &uasi-delicts# the defendants shall !e lia!le fo all damages whichae the natual and po!a!le conse&uences of the act o omission which ae thenatual and po!a!le conse&uences of the act o omission complained of. It is not

necessa" that such damages have !een foeseen !" the defendant.

CC :/

1he pat" suffeing loss o in;u" must e%ecise the diligence of a good fathe of afamil" to minimiBe the damages esulting fom the act o omission in &uestion.

CC :4

In cimes# the damages to !e ad;udicated ma" !e espectivel" inceased olessened accoding to the aggavating o mitigating cicumstances.

CC :

Damages ma" !e ecoveed+(') s !usiness standing o commecial cedit.


61/70

Page 61of 70


CC :0

1he amount of damages fo death caused !" a cime o &uasi-delict shall !e atleast thee thousand pesos# even though thee ma" have !een mitigating

cicumstances. In addition+

(') 1he defendant shall !e lia!le fo the loss of the eaning capacit" of thedeceased# and the indemnit" shall !e paid to the heis of the latte# suchindemnit" shall in eve" case !e assessed and awaded !" the cout# unlessthe deceased on account of pemanent ph"sical disa!ilit" not caused !" thedefendant# had no eaning capacit" at the time of his death.

() If the deceased was o!liged to give suppot accoding to the povisions ofAticle @'# the ecipient who is not an hei called to the decedent>s !" the law oftestate o intestate succession# ma" demand suppot fom the peson causing

the death# fo a peiod not e%ceeding five "eas# the e%act duation to !e fi%ed !"the cout.

(/) 1he spouse# legitimate and illegitimate descendants and ascendants of thedeceased ma" demand moal damages fo mental anguish !" eason of thedeath of the deceased.

CC :

If the plaintiff>s popet" has !een insued# and he has eceived indemnit" fomthe insuance compan" fo the in;u" o loss aising out of the wong o !each of

contact complained of the insuance compan" shall !e su!ogated to the ightsof the insued against the wongdoe o the peson who has violated thecontact. If the amount paid !" the insuance compan" does not full" cove thein;u" o loss# the aggievedpat" shall !e entitled to ecove the deficienc" fom the peson causing the losso in;u".

CC :?

In the a!sence of stipulation# attone">s fees and e%penses of litigation# othethan ;udicial costs# cannot !e ecoveed e%cept+

(') When e%empla" damages ae awaded() When the defendant>s act o omission has compelled the plaintiff to litigatewith thid pesons o to incu e%penses to potect his inteest(/) In ciminal cases of malicious posecution against the plaintiff(4) In case of a cleal" unfounded civil action o poceeding against the plaintiff() Whee the defendant acted in goss and evident !ad faith in efusing tosatisf" the plaintiff>s plainl" valid# ;ust and demanda!le claim


62/70

Page 62of 70


(0) In actions fo legal suppot() In actions fo the ecove" of wages of household helpes# la!oes ands5illed wo5es(?) In actions fo indemnit" unde wo5men>s compensation and emplo"e>s

lia!ilit" laws(@) In a sepaate civil action to ecove civil lia!ilit" aising fom a cime(':) When at least dou!le ;udicial costs ae awaded('') In an" othe case whee the cout deems it ;ust and e&uita!le thatattone">s fees and e%penses of litigation should !e ecoveed.

In all cases# the attone">s fees and e%penses of litigation must !e easona!le.

CC :@

If the o!ligation consists in the pa"ment of a sum of mone"# and the de!to incus

in dela"# the indemnit" fo damages# thee !eing no stipulation to the conta"#shall !e the pa"ment of the inteest ageed upon# and in the a!sence ofstipulation# the legal inteest# which is si% pe cent pe annum.

CC ':

Inteest ma"# in the discetion of the cout# !e allowed upon damages awadedfo !each of contact.

CC ''

In cimes and &uasi-delicts# inteest as a pat of the damages ma"# in popecase !e ad;udicated in the discetion of the cout.

CC '

Inteest due shall ean legal inteest fom the time it is ;udiciall" demanded#although the o!ligation ma" !e silent upon this point.

CC '/

Inteest cannot !e ecoveed upon unli&uidated claims o damages# e%cept

when the demand can !e esta!lished with easona!le cetaint".

CC '4

In &uasi-delicts the conti!uto" negligence of the plaintiff shall educe thedamages that he ma" ecove.

CC '


63/70

Page 63of 70


In contacts# &uasi-contacts# and &uasi-delicts# the cout ma" e&uita!l" mitigatethe damages unde cicumstances othe than the case efeed to in thepeceding aticle# as in the following instances+

(') 1hat the plaintiff himself has contavened the tems of the contact() 1hat the plaintiff has deived some !enefit as a esult of the contact(/) In cases whee e%empla" damages ae to !e awaded# that the defendantacted upon the advice of counsel(4) 1hat the loss would have esulted in an" event() 1hat since the filing of the action# the defendant has done his !est to lessenthe plaintiff>s loss o in;u".

Chapte /

*178 HIND$ *< DAFA=7$

CC '0

No poof of pecunia" loss is necessa" in ode that moal# nominal# tempeate#li&uidated o e%empla" damages ma" !e ad;udicated. 1he assessment of suchdamages# e%cept li&uidated ones# is left to the discetion of the cout# accodingto the cicumstances of each case.

$ection '. - Foal Damages

CC '

Foal damages include ph"sical suffeing# mental anguish# fight# seious an%iet"#!esmiched eputation# wounded feelings# moal shoc5# social humiliation# andsimila in;u". 1hough incapa!le of pecunia" computation# moal damages ma"!e ecoveed if the" ae the po%imate esult of the defendant>s wongful act oomission.

CC '?

In the ad;udication of moal damages# the sentimental value of popet"# eal opesonal ma" !e consideed.

CC '@



64/70

Page 64of 70


(') A ciminal offense esulting in ph"sical in;uies() Quasi-delicts causing ph"sical in;uies(/) $eduction# a!duction# ape# o othe lascivious acts

(4) Adulte" o concu!inage() Illegal o a!ita" detention o aest(0) Illegal seach() ,i!el# slande o an" othe fom of defamation(?) Falicious posecution(@) Acts enumeated in Aticle /:@(':) Acts and actions efeed to in Aticles '# 0# # ?# @# /:# /# /4# and/.

1he paents of the female seduced# a!ducted# aped# o a!used# efeed to in

No. / of this aticle# ma" also ecove moal damages.


CC /:@

An" peson who shows disespect to the dead# o wongfull" intefees with afuneal shall !e lia!le to the famil" of the deceased fo damages# mateial andmoal.

CC '


CC 0

7ve" peson shall espect the dignit"# pesonalit"# pivac" and peace of mind ofhis neigh!os and othe pesons. 1he following and simila acts# though the" ma"not constitute a ciminal offense# shall poduce a cause of action fo damages#

pevention and othe elief+

(') 9"ing into the pivac" of anothe>s esidence

() Feddling with o distu!ing the pivate life o famil" elations of anothe

(/) Intiguing to cause anothe to !e alienated fom his fiends


65/70

Page 65of 70


(4) 3e%ing o humiliating anothe on account of his eligious !eliefs# lowl" stationin life# place of !ith# ph"sical defect# o othe pesonal condition.

CC

An" peson suffeing mateial o moal loss !ecause a pu!lic sevant oemplo"ee efuses o neglects# without ;ust cause# to pefom his official dut" ma"file an action fo damages and othe elief against the latte# without pe;udice toan" disciplina" administative action that ma" !e ta5en.

CC ?

nfai competition in agicultual# commecial o industial entepises o in la!othough the use of foce# intimidation# deceit# machination o an" othe un;ust#oppessive o highhanded method shall give ise to a ight of action !" thepeson who thee!" suffes damage.

CC @

When the accused in a ciminal posecution is ac&uitted on the gound that hisguilt has not !een poved !e"ond easona!le dou!t# a civil action fo damagesfo the same act o omission ma" !e instituted. $uch action e&uies onl" apepondeance of evidence. pon motion of the defendant# the cout ma" e&uie

the plaintiff to file a !ond to answe fo damages in case the complaint should !efound to !e malicious.

If in a ciminal case the ;udgment of ac&uittal is !ased upon easona!le dou!t#the cout shall so declae. In the a!sence of an" declaation to that effect# it ma"!e infeed fom the test of the decision whethe o not the ac&uittal is due to thatgound.

CC /:

When a sepaate civil action is !ought to demand civil lia!ilit" aising fom a

ciminal offense# and no ciminal poceedings ae instituted duing the pendenc"of the civil case# a pepondeance of evidence shall li5ewise !e sufficient to povethe act complained of.

CC /


66/70

Page 66of 70



(')


67/70

Page 67of 70


CC /4

When a mem!e of a cit" o municipal police foce efuses o fails to ende aido potection to an" peson in case of dange to life o popet"# such peace

office shall !e pimail" lia!le fo damages# and the cit" o municipalit" shall !esu!sidiail" esponsi!le theefo. 1he civil action heein ecogniBed shall !eindependent of an" ciminal poceedings# and a pepondeance of evidenceshall suffice to suppot such action.

CC /

When a peson# claiming to !e in;ued !" a ciminal offense# chages anothewith the same# fo which no independent civil action is ganted in the Civil Codeo an" special law# !ut the ;ustice of the peace finds no easona!le gounds to

!elieve that a cime has !een committed# o the posecuting attone" efuses ofails to institute ciminal poceedings# the complainant ma" !ing a

Date post:	13-Feb-2018
Category:	Documents
Upload:	julian-paul-cacho
View:	268 times
Download:	0 times

Torts and Damages 120620214751 Phpapp01

Documents