Torts and Damages finals

OTHER KINDS OF DAMAGES

Coverage of Other Kinds of Damages

(a)     Moral (Article 2217);

(b)     Exemplary or corrective (Article 2229).

(c)      Nominal (Article 2221);

(d)     Temperate (Article 2224);

(e)     Actual or Compensatory (Article  2199);

(f)      Liquidated (Article 2226);

v  PROOF OF PECUNIARY LOSS is required in actual or compensatory damages. Actual or compensatory damages must be alleged and proved. They are not presumed (Malonzo v. Galang, 109 Phil. 16)

v  NO PROOF OF PECUNIARY LOSS is necessary in order that Moral damages may be awarded.

       Moral Damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.

v  Moral damages cannot be awarded if the cases filed do not fall within Article 2219 and Article 2220 as a rule. Further, it must be established that the act or omission of the defendant is the proximate cause of the damage or injury suffered by the plaintiff.

Q: What are the elements of malicious prosecution?

A: In criminal cases:

1.        the fact of the prosecution and the further fact that the defendant was himself the prosecutor, and that the action was terminated with an acquittal;

2.        that in bringing the action, the prosecutor acted without probable cause;

3.        the prosecutor was actuated or impelled by legal malice. (Yasona v. Ramos, G.R. 156339, Oct. 6, 2004)

Note: the term “prosecutor” includes the complainant who initiated the case; the prosecutor himself; any other public officer authorized to file and prosecute the criminal case.

Mere witnesses are not included, but are liable for false testimony or perjury for their falsehoods.

In civil cases:

1.        the defendant filed a civil action against the plaintiff previously;

2.        the action was dismissed for clear lack of merit or for being baseless, unfounded, and malicious;

3.        the defendant who filed the previous complaint as plaintiff was motivated by ill‐will or sinister design;

4.        the present plaintiff suffered injury or damage by reason of the previous complaint filed against him.

Q: May a Corporation which is an Artificial Person suffer Moral Damages?

A:             it depends on the specific basis relied upon. If a corporation bases its claims for moral damages on physical sufferings or mental anguish, fright, serious anxiety, wounded feelings, mental shock, social humiliation and similar internal injury, the corporation cannot be awarded with moral damages for the obvious reason that an artificial person cannot suffer such internal feelings for lack of a nervous system.

                However, if the corporation is basing its claim for moral damages on sufferance of besmirched reputation, then it is entitled to moral damages if warranted by the evidence. It is, however, essential that it enjoys a good reputation.

        Moral damages may be recovered in the following and analogous cases: (Article 2219)(AQSAIILMAA)

1.        A criminal offense resulting in physical injuries;

2.        Quasi-delicts causing physical injuries;

3.        Seduction, abduction, rape, or other lascivious acts;

4.        Adultery or concubinage;

5.        Illegal or arbitrary detention or arrest;

6.        Illegal search;

7.        Libel, slander or any other form of defamation;

8.        Malicious prosecution;

9.        Acts mentioned in article 309;

10.     Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34 and 35.

The parents of the female seduced, abducted, raped or abused, referred to in No. 3 of this article, may also recover moral damages.

The spouse, descendants, ascendants, and brother and sister may bring the action mentioned in No. 9 of this article, in the order named.

        Requisites for Recovery of Moral Damages

1.        There must be an injury, whether physical, mental or psychological, clearly sustained by the claimant;

2.        There must be a culpable act or omission factually established;

3.        Wrongful act or omission of the defendant is the proximate cause of the injury sustained by the claimant;

4.        The award of damages is predicated on any of the cases stated in Article 2219 of the Civil Code.

       Nominal Damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. (Article 2221)

Elements:

1. Plaintiff has a right;

2. Such right is violated;

3. The purpose of awarding damages is to vindicate or recognize the right violated.

       Temperate or Moderate Damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot from the nature of the case, be proved with certainty. (Article 2224)

Elements:

1. some pecuniary loss;

2. loss is incapable of pecuniary estimation;

3. the damages awarded are reasonable.

       Liquidated Damages, are those agreed upon by the parties to a contract, to be paid in case of breach thereof.

Q: When may liquidated damages be equitably reduced?

A: 1. Iniquitous or unconscionable

     2. Partial or irregular performance

       Exemplary or Corrective Damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

       Intended to serve as a deterrent to serious wrongdoings.

Q: In what cases may exemplary damages be imposed as accessory damages?

A:

        GR: Exemplary damages cannot be recovered as a matter of right (Art. 2233, NCC)

        XPN:

                        1. Criminal offense – when the crime was committed with one or more aggravating circumstances (Art. 2230)

                        2. Quasi-delicts – when the defendant acted with gross negligence (Art. 2231)

                        3. Contracts and Quasi-Contracts – when defendant acted in wanton, fraudulent, reckless, oppressive, or malevolent manner (Art. 2232)

       A stipulation whereby exemplary damages are renounced in advance shall be NULL and VOID.

SPECIAL TORTS ON THE CHAPTER ON HUMAN RELATIONS

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

        Elements of Abuse of Rights

1. there is a legal duty;

2. which is exercised in bad faith;

3. for the sole intent of prejudicing or injuring another.

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

               

               

Q: Does the above stated rule apply to all cases violation of law?

A: No. Generally, laws provide for their own sanctions and methods of enforcement thereof. Article 20 applies only in cases where the law does not provide for its own sanction. Said article provides for a general sanction –indemnification for damages. (Pineda, 2004)

Q: In view of the general sanction provided for under Art. 20, may a person have an absolute right to be indemnified?

A: No. It is essential that some right of his be impaired. Without such, he is not entitled to indemnification. (Pineda, 2004)

Q: Differentiate Article 20 from Article 21 of the Civil Code.

A: Article 20 speaks of the general sanction for all other provisions of law which do not especially provide for their own sanction. Article 21 on the other hand, speaks of act which is legal but is contrary to morals, good custom, public order or public policy and is done with intent to injure.

NOTE: Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. (Art. 21, NCC)

Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Q: What are the elements of acts contra bonus mores under Art. 21, NCC?

A:

1.        There is an act which is legal;

2.        but which is contrary to morals, good custom, public order, or public policy; and

3.        it is done with intent to injure.

Q: When is breach of promise to marry an actionable wrong?

A: It becomes actionable if there are additional circumstances such as:

1.        there was financial damage;

2.        social humiliation was caused by to one of the parties; and,

3.        where there was moral seduction. (Aquino, T., Torts and Damages, Second Ed., p351)

Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

Q: What is the principle behind the prohibition against unjust enrichment?

A: “Nemo cum alteris detrimento locupletari potest” or no one shall unjustly enrich himself at the expense of another.

Coverage: the article applies only if:

                        Someone acquires or comes into possession of “something” which means delivery or acquisition of “things”; and

                        . Acquisition is undue and at the expense of another which means without any just or legal ground.

NOTE: The government is not exempted from the principle of unjust enrichment.

Q: What is the remedy for unjust enrichment?

A: Accion In Rem Verso. It is an action for recovery of what has been paid without just cause.

NOTE: This is only a subsidiary action.

NOTE: Mistake is not an essential element, as opposed to solutio indebiti where mistake is an essential element.

Protection of Human Dignity – Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.

Q: What are the requisites for accion in rem verso?

A:

                        1. That the defendant has been enriched;

                        2. That the plaintiff has suffered a loss;

                        3. That the enrichment of the defendant is without just or   legal ground

                        4. That the plaintiff has no other action based on contract, quasi‐contract, crime or quasi‐delict.

Q: When may accion in rem verso be availed of?

A: It can only be availed of if there is no other remedy to enforce it based on contract, quasi‐contract, crime or quasi‐delict.

Q: Distinguish accion in rem verso from solutio indebiti.

ACCION IN REM VERSO                         SOLUTIO INDEBITI

It is not necessary that payment be made by mistake

Payment by mistake is an essential element

Q: Is rendition of services included under Art. 22?

A: No. If services were rendered by someone benefiting another, it does not mean that the latter is exempted from indemnifying the former. The liability will lie on quasi‐contract under Article 2146

Art. 23. Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

Art. 26.  Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken.

Elements:

1. a public servant or employee refuses or neglects to perform his official duty;

2. there is no valid reason for the refusal or neglect to perform official duty;

3. that injury or damage is suffered by the plaintiff.

Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.

Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.

If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.

Acquittal which does not bar civil action

a. the liability of the accused is not criminal but only civil;

b. the civil liability is not derived from or based on the criminal act of which the accuses is acquitted, civil action will still prosper or;

c. when the civil action is based on quasi-delict, it is not barred;

d. when acquittal is based on reasonable doubt.

DEPENDENT CIVIL ACTION FROM INDEPENDENT CIVIL ACTION

dependent civil action based on the crime being prosecuted, the said civil action must be suspended.	independent civil action can proceed simultaneously and separately from the criminal action regardless of the outcome of the latter.
if not reserved will be deemed impliedly instituted with the criminal action

Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(6) The right against deprivation of property without due process of law;

(7) The right to a just compensation when private property is taken for public use;

(8) The right to the equal protection of the laws;

(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence;

(12) The right to become a member of associations or societies for purposes not contrary to law;

(13) The right to take part in a peaceable assembly to petition the government for redress of grievances;

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;

(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, 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 preponderance of evidence.

Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.

Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

        It has been held before that the reason for the reservation of independent civil actions “is to prevent the offended party from recovering damages twice for the same act or omission against the offender”.

        Reservation should be made before the prosecution starts presenting its evidence and under circumstance affording the offended party a reasonable opportunity to make such reservation.

PER SE	PER ACCIDENS
As a matter of law	As a matter of fact
Need only be proved in any locality	Depends upon its location and surroundings, the manner of its conduct or other circumstances
May be summarily abated under the law of necessity	May be abated only with reasonable notice to the person alleged to be maintaining or doing such nuisance

Q: What is a nuisance?

A: Any:

1. act,

2. omission,

3. establishment,

4. business or

5. condition of property or

6. anything else which: ISAHO

a. Injures/dangers the health or safety of others

b. Shocks, defies or disregards decency or morality

c. Annoys or offends the senses

d. Hinders or impairs the use of property or

e. Obstructs or interferes with the free passage to any public highway or street or body of water

Q: May a nuisance be both public and private?

A: Yes, it is called mixed nuisance.

e.g. A house washed on to a street railway track: private nuisance to the railway company and a public nuisance because it obstructs the street.

Q: What are the kinds of nuisance?

A:

1. According to the number of persons affected:

a. Public (or common) nuisance – is one which affects the community or neighborhood or considerable number of persons

b. Private nuisance – is one which affects an individual or few persons only.

2. Other classification of nuisance:

a. Nuisance Per Se – that kind of nuisance which is always a nuisance. By its nature, it is always a nuisance at all times and under any circumstances regardless of location of surroundings.

b. Nuisance Per Accidens – that kind of nuisance by reason of location, surrounding or in the manner it is conducted or managed.

Nuisance	Trespass
Use of one’s own property which causes injury to another	Direct infringement of another’s right or property
Injury is consequential	Injury is direct and immediate

ATTRACTIVE NUISANCE

Q: What is the doctrine of attractive nuisance?

A. One who maintains on his estate or premises an attractive nuisance without exercising due case to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. (Jarco Marketing Corp. v. CA, 117 SCAD 818, 321 SCRA 375 (1991), Paras, p. 741)

Q: What is the basis for the liability?

A: The attractiveness is an invitation to children. Safeguards to prevent danger must therefore be set up.

Q: What are the elements of attractive nuisance?

A:

1. It must be attractive

2. Dangerous to children of tender years.

REMEDIES AGAINST NUISANCE

Q: What are the remedies against nuisance?

A: If the nuisance is:

Civil action	Civil Action
Abatement w/o judicial proceedings	Abatement w/o judicial proceedings
Prosecution under RPC/local ordinance

Q: What are the requisites of extra‐judicial abatement?

A: BAR VID

1.        The nuisance must be specially Injurious to the person affected.

2.        No Breach of peace or unnecessary injury must be committed

3.        Demand must first be made upon the owner or possessor of the property to abate the nuisance.

4.        Demand is Rejected

5.        Abatement is Approved by the district health officer and executed with the assistance of the local police, and

6.        Value of destruction does not exceed P3,000

Q: When can an owner of the thing abated recover damages?

A: If the thing is found by the court not to be a nuisance, the owner can claim damages.

Note: A private person or a public official extrajudicially abating a nuisance shall be liable for damages if he causes unnecessary injury or if the alleged nuisance is later declared by the courts to be not real nuisance.

Q: Does the right to question the existence of a nuisance prescribe?

A: No. It is imprescriptible.