Torts and Damages Session 15-19 Session 15 Art 2216-2220, Cases 269-290 Ventura v Bernabe (1971) V presented to B a letter

ter supposedly wrote by Commander Calinawan Jr, residential !a"t !inding Committee, as#ing $or a loan o$ %5&' T(e letter stated t(at Calinawan is waiting in (is (ome and to (and V t(e money' B issued a "(e"# and was en"as(ed' V $ound out t(at C did not ma#e su"( letter' B sued V $or $alsi$i"ation o$ pri)ate do"ument' V "laims no *usti$iable "ause but merely $or )engean"e and to smear (onor and reputation' +t is o$ no moment t(at t(ere is no su"( "rime o$ mali"ious prose"ution in t(e ,e)ised enal Code' The resent !ivi" a!tion nee# not be base# on the e$isten!e o% su!h a !ri&e Arti!"e 2219 (') o% the Civi" Co#e $or ()a"i!ious rose!ution* +t ser)es as a basis $or relie$ in "ourt against a party w(o (as &a"i!ious"+ !ause# another to base"ess"+ an# un,usti%iab"+ un#er-o a !ri&ina" rose!ution %or an o%%ense he .no/s the "atter has not !o&&itte#' Arti!"e 21 is related to su"( pro)iding, -an+ erson /ho /i""%u""+ !auses "oss or in,ur+ to another in a &anner !ontrar+ to &ora"s, -oo# !usto&s or ub"i! o"i!+ sha"" !o& ensate the "atter %or the #a&a-e and Arti!"e 2176 on torts or quasi-delict may also ser)e t(e purpose' .lements in /ali"ious prose"ution0 t(ese % must "on"ur w(et(er a"tions $or "riminal prose"ution or "i)il suits' 1o distin"tion between "riminal and "i)il' 1' re2uires /34+C. and 5' 631T o$ ,7B3B4. C383S. %' De$endant (imsel$ be t(e prose"utor o$ t(e instigator o$ t(e prose"ution, ended in a"2uittal +n mali"ious prose"ution, t(e $ollowing must be present to be granted damages0 1'(e (as been denoun"ed or "(arged $alsely o$ an o$$ense by t(e de$endant, 5' de$endant #nows t(at t(e "(arge was $alse %' a"ted wit( mali"e9 :' (e (as su$$ered damages T(e determination o$ t(e issue o$ mali"e must always be made to rest on all t(e attendant "ir"umstan"es, in"luding t(e possibility o$ t(e $is"al or *udge being some-(ow misled by t(e a""user;s e)iden"e' 1o doubt, t(e )ery purpose o$ preliminary in)estigations is to a)oid baseless and mali"ious prose"utions, still, w(et(er or 1;thi" "o<a#a

not in a parti"ular "ase su"( an ob*e"ti)e (as been duly pursued is a matter o$ proo$' A&eri!an 0o&e Assuran!e Co v Chua (1999) C(ua pro"ured a $ire insuran"e $or t(eir "ompany<s sto"#s-in-trade $or 5&&#' =e issued a "(e"# $or renewal o$ poli"y to petitioner<s agent' T(e ne>t day, t(e w(ole business was gutted by $ire amounting to a loss o$ :/-5/' C(ua as#ed $or insuran"e "laim wit( petitioner and ot(er insurers' etitioner denied "laim be"ause o$ $raudulent in"ome ta> return, $ailure to establis( a"tual loss and $ailure to noti$y t(em to "o)er t(e insured goods' =is loss o$ pro$it "annot be s(ouldered by petitioner w(ose obligation is limited to t(e ob*e"t o$ insuran"e, w(i"( was t(e sto"#in-trade, and not t(e e>pe"ted loss in in"ome or pro$it' 8nder 3rti"le 555& o$ t(e Ci)il Code, )12A3 4A)A56S &a+ be a/ar#e# in brea!hes o% !ontra!ts /here the #e%en#ant a!te# %rau#u"ent"+ or in ba# %aith7 1o su"( $raud or bad $ait( in "ase at bar' /oral damages are emp(ati"ally not intended to enri"( a plainti$$ at t(e e>pense o$ t(e de$endant' Su"( damages are a/ar#e# on"+ to enab"e the in,ure# art+ to obtain &eans, #iversion or a&use&ents that /i"" serve to obviate the &ora" su%%erin- he has un#er-one, b+ reason o% the #e%en#ant8s !u" ab"e a!tion' +ts award is aimed at t(e restoration, wit(in t(e limits o$ t(e possible, o% the s iritua" status quo ante, and it must be ro ortiona" to the su%%erinin%"i!te#' 6(en awarded, moral damages must not be palpably and s"andalously e>"essi)e as to indi"ate t(at it was t(e result o$ passion, pre*udi"e or "orruption on t(e part o$ t(e trial "ourt *udge' /oral o$ 5&&# deleted 9ores v )iran#a (1959) / was one o$ t(e passengers o$ t(e *eep t(at (it t(e bridge wall be"ause o$ its e>"essi)e speed t(e dri)er lost "ontrol o$ su"(' / was in*ured and $ra"tured part o$ body' a? !ores was t(e registered owner o$ t(e *eep, but s(e "laims t(at s(e sold it to Sa"(erman t(e day be$ore t(e a""ident' )ora" #a&a-es are not re!overab"e in #a&a-e a!tions re#i!te# on a brea!h o% the !ontra!t o% trans ortation, in vie/ o% Arti!"es 2219 (1 an# 2) an# 22207 52: By "ontrasting t(e pro)isions o$ t(ese two arti"le it immediately be"omes apparent t(at0 @aA +n "ase o$ brea!h o% !ontra!t @in"luding one o$ transportationA roo% o% ba# %aith or %rau# @dolusA, i'e', wanton or deliberately in*urious "ondu"t, is essential to *usti$y an award o$ moral damages9 and

Torts and Damages Session 15-19 @bA T(at a brea!h o% !ontra!t !annot be !onsi#ere# in!"u#e# in the #es!ri tive ter& *ana"o-ous !ases* use# in Art7 2219 9 not only be"ause 3rt' 555& spe"i$i"ally pro)ides $or t(e damages t(at are "aused by "ontra"tual brea"(, but be"ause t(e de$inition o$ quasi-delict in 3rt' 51BC o$ t(e Code e>pressly excludes t(e "ases w(ere t(ere is a -pree>isting "ontra"tual relation between t(e parties'.DC. T+710 &isha resu"tin- in 46AT0 o% =ASS6>562 , 3rt 1BC: ma#es t(e "ommon "arrier e>pressly sub*e"t to t(e rule o$ 3rt' 55&C, t(at entitles t(e de"eased passenger to -demand moral damages %or &enta" an-uish b+ reason o% the #eath o% the #e!ease#'E ?here the in,ure# assen-er #oes not #ie, &ora" #a&a-es are not re!overab"e un"ess it is rove# that the !arrier /as -ui"t+ o% &a"i!e or ba# %aith7 /ere "arelessness o$ t(e "arrier;s dri)er does not per se "onstitute o$ *usti$y an in$eren"e o$ mali"e or bad $ait( on t(e part o$ t(e "arrier 3o e< v =an A&eri!a (1966) Sen 4ope?, wi$e, son-in-law and daug(ter made reser)ations $or 1st-"lass a""ommodations in To#yoSan !ran"is"o $lig(t' But due to mista#e in tra)el agen"y<s agents, it was "an"elled' +t was in"luded in t(e "an"ellation o$ ,u$inos' 3/-3/<s super)isor wit((old t(e in$ormation e>pe"ting "an"ellations o$ boo#ings be$ore $lig(t time' 6(ile t(ey were To#o, t(ey weretold t(at t(ey "ould not be a""ommodated in $irst-"lass' /r' 4ope? (ad an engagement in 8S, (is wi$e (as a medi"al "(e"#up so t(ey too# t(e tourist "lass but under protest' T(ey sued 313/ $or moral damages' )ora" #a&a-es 100. $or Sen 4ope?, sin"e Senate resident and $ormer V o$ (ils' 0is /i%e, 50@ s(ared (is prestige and sub*e"ted to (umiliation and dis"om$ort $or 1%(ours "onsidering s(e was si"#' 25@ %or #au-hter s(ared (is prestige and e>perien"ed so"ial (umiliation' T(e amount o$ damages is determined by "onsidering t(e o%%i!ia", o"iti!a", so!ia" an# %inan!ia" stan#in- o% the o%%en#e# arties on one (and, and the business an# %inan!ia" osition o% the o%%en#er on the other7 3lso t(e present rate o$ e>"(ange' )ora" #a&a-es %or brea!h o% !ontra!t o% !arria-e is not re!overab"e un"ess it resu"ts to (1) #eath or (2) ba# %aith7 31-3/ is in bad $ait(' @1A $ailure to in$orm o$ "an"ellation intentionally' +t was done to promote sel$-interest and "losing t(e "(an"es o$ (a)ing t(e 4ope? $amily see# reser)ations $rom ot(er airlines' 5;thi" "o<a#a

Au"ueta v =an A&eri!a (1972) Fulueta spouse and daug(ter were aboard 313/ $rom =onolulu to /anila' 7n its $irst lag, it landed on 6a#e +sland, t(e stopo)er was %& mins' /r F went to t(e C, at terminal but was $ull o$ soldiers, (e was $or"ed to loo# a C, down t(e bea"(' 8pon boarding, /r F "ould not be $ound' T(e ta#eo$$ was delayed and (e blamed t(e ..s' F "laims t(at (e was stopped at t(e gate and as#ed t(at F open (is luggage but (e re$used' =e was disallowed to board and plane and was le$t in t(e island' =e stayed t(ere $or 5 nig(ts' +n relation between "arrier and passenger in)ol)es spe"ial and pe"uliar obligations and duties, di$$ering in #ind and degree, $rom t(ose o$ almost e)ery ot(er legal or "ontra"tual relation' 7n a""ount o$ t(e pe"uliar situation o$ t(e parties t(e law implies a promise and imposes upon t(e "arrier t(e "orresponding duty o$ prote"tion and "ourteous treatment' T(ere$ore, t(e !arrier is un#er the abso"ute #ut+ o% rote!tin- his assen-ers %ro& assau"t or in,ur+ b+ hi&se"% or his servants' 6(ere a "ondu"tor uses language to a passenger w(i"( is "al"ulated to insult, (umiliate, or wound t(e $eelings o$ a person o$ ordinary $eelings and sensibilities, t(e "arrier is liable, be"ause t(e "ontra"t o$ "arriage impliedly stipulated $or de"ent, "ourteous, and respe"t$ul treatment, at (ands o$ t(e "arrier<s ..s' A&on- the %a!tors !ourt ta.e into a!!ount is assessin- &ora" #a&a-es are the ro%essiona", so!ia", o"iti!a" an# %inan!ia" stan#ino% the o%%en#e# arties on one han#, an# the business an# %inan!ia" osition o% the o%%en#er on the other7 /oral damages o$ 1/ e>"essi)e, only 500@' Contributory negligen"e t(at aggra)ated t(e gra)ity o$ situation, mainly be"ause o$ (is arrogant and o)erbearing attitude and be(a)ior' 1rti-as v 3u%thansa (1975) 7rtigas boug(t a 1st "lass ti"#et to 4u$t(ansa be"ause (e was ad)ised by t(e do"tor to ta#e only 1st "lass ti"#et be"ause o$ (is wea# (eart' But (e was not gi)en t(e seat' 4 promised : times t(at (e will be trans$erred' +t was aggra)ated by t(e $a"t t(at (is seat was gi)en to a Belgian and t(e improper "ondu"t o$ its agents in dealing wit( (im during t(e o""asion o$ su"( dis"riminatory )iolation o$ its "ontra"t o$ "arriage' )ora" #a&a-es 150.7 1obody, mu"( less a "ommon "arrier w(o is under "onstant spe"ial obligation to gi)e utmost "onsideration to t(e "on)enien"e o$ its "ustomers, may be permitted to relie)e itsel$ $rom any di$$i"ulty situation "reated by its own la"# o$ diligen"e in t(e "ondu"t o$ its a$$airs in a manner pre*udi"ial to su"( "ustomers' ?hen it !o&es to !ontra!ts o% !o&&on !arria-e, inattention an# "a!. o% !are on the art

Torts and Damages Session 15-19 o% the !arrier resu"tin- in the %ai"ure o% the assen-er to be a!!o&&o#ate# in the !"ass !ontra!te# %or a&ounts to ba# %aith or %rau# w(i"( entitles t(e passenger to t(e a/ar# o% &ora" #a&a-es' Arti!"e 2220' But in t(e instant "ase, t(e brea"( appears to be o$ gra)er nature, sin"e t(e pre$eren"e gi)en to t(e Belgian passenger o)er plainti$$ was done will$ully and in wanton disregard o$ plainti$$;s rig(ts and (is dignity as a (uman being and as a !ilipino, w(o may not be dis"riminated against wit( impunity' 3n air "arrier is liable only in t(e e)ent o$ deat( or in*ury su$$ered by a passenger, be"ause, a""ording to t(e Court, to so (old would be tantamount to de"laring t(e "arrier -e>empt $rom any liability $or damages in t(e e)ent o$ its absolute re$usal, in bad $ait(, to "omply wit( a "ontra"t o$ "arriage, w(i"( is absurd'Butu. v )era"!o (1961) Gutu# was a lawyer by pro$ession' S(e was re"o)ering $rom bron"(o- pneumonia ailment' S(e *ust mo)ed in new (ouse in arana2ue' .le"tir" meter was installed at outside wall o$ t(e (ouse' /eral"o<s inspe"tor, Jaime inspe"ted it, t(en dis"onne"ted t(e meter alleging t(at G uses a *umper and only pays (al$ o$ (er ele"tri" bill' Be"ause o$ t(e in"ident, G su$$ered a relapse' /oral damages in"lude mental anguis(, serious an>iety, besmir"(ed reputation, wounded $eelings, moral s(o"#, so"ial (umiliation' ?hi"e these &ora" #a&a-es are in!a ab"e o% e!uniar+ esti&ation, the+ are &a#e re!overab"e, in the a&ount #eter&ine# b+ the !ourt, rovi#e# the+ are the ro$i&ate resu"t o% the #e%en#antCs /ron-%u" a!t or o&ission' 3s most o$ t(ese damages a%%e!t the a--rieve# art+Cs &ora" %ee"in- an# ersona" ri#e, (these shou"# be /i-he# in the #eter&ination o% the in#e&nit+ 'E /eral"o not in bad $ait( but did wit( re"#less negligen"e' T(e meter was dis"onne"ted wit(out t(e presen"es o$ t(e (omeowner w(i"( s(ows tri"#ery' T(e /eral"o seal was not tampered nor opened but Jaime was t(e one w(o bro#e t(e seal' >orth/est Air"ines v CA (1990) % siblings were gi)en t(eir $irst trip abroad as graudation gi$ts by t(eir parents' 6(ile t(ey were in To#yo wit( t(eir grandma, t(ey were to pi"# up t(eir ti"#ets to 8S w(i"( were paid by t(eir parents in /anila t(ru 1ort(west<s agent' =owe)er, 173 re$used to gi)e t(eir ti"#ets "laiming t(at t(eir agent made a wrong "omputation o$ t(e pri"e wrong "on)ersion rate and 1&H mileage sur"(arge was not in"luded' T(ey (a)e a de$i"it o$ I5C1'C& ea"(' T(ey were $or"ed to pay I1,&:C':&, w(i"( depleted t(eir po"#et money and was $or"ed to "(e"#-in in a "(eap %;thi" "o<a#a

(otel in To#yo' Be"ause t(ey are worried t(at t(eir money will not be enoug(, t(eir grandpa was $or"ed to go to Japan' .)en i$ t(ere is a brea"( o$ "ontra"t, as admitted in t(is "ase, moral damages are ne)ert(eless not ,usti%ie# /here on"+ si& "e ne-"i-en!e "an be imputed to t(e de$endant' 6it( respe"t to moral damages, t(e rule is t(at t(e same are re"o)erable in a damage suit predi"ated upon a brea"( o$ "ontra"t o$ "arriage only w(ere @1A t(e mis(ap results in t(e deat( o$ a passenger and @5A it is pro)ed t(at t(e "arrier was guilty o$ $raud or bad $ait(, e)en i$ deat( does not result' /oral damgages 1&# ea"( plus 1&# $or 5 $or t(eir (umiliation at 173 o$$i"e' T(ere was "lear mali"e (ere, mani$ested in t(e "ontemptuous disregard o$ t(e passenger;s protest and t(e abrupt re*e"tion o$ t(eir re2uest t(at t(e /anila o$$i"e be "onta"ted $or )eri$i"ation o$ t(e "orre"t billing' ,udeness is ne)er e>"usable' +t is espe"ially "ondemnable i$ it is "ommitted in one;s own "ountry against a $oreign guest, as in t(e "ase at bar' =A>A) v DAC (1990) 7ngsia#o boarded 313/ wit( one "(e"#in luggage' +t was not "arried on board and $ound a$ter a wee# in its o$$i"e in /anila' .. instead o$ (elping (im, arrogantly t(reatened to bump (im o$$ i$ persist' 313/ o$$ered to $orward it to 43 or San !ran"is"o but 7 re$used, be"ause (e was about to lea)e' 3rt 555& moral damages based on brea"( o$ "ontra"t wit( $raud or bad $ait(' 3rti"le 555& o$ t(e Ci)il Code says t(at moral damages may be awarded in -brea"(es o$ "ontra"t w(ere t(e de$endant a"ted $raudulently or in bad $ait('- So, roo% o% in%rin-e&ent o% an a-ree&ent b+ a art+, stan#in- a"one, /i"" not ,usti%+ an award o$ moral damages' T(ere must, in addition, as t(e law points out, be !o& etent evi#en!e o% %rau# o% ba# %aith by t(at party' +$ t(e plainti$$, $or instan"e, %ai"s to ta.e the /itness stan# and testi$y as to (is so"ial (umiliation, wounded $eelings, an>iety, et"', moral damages !annot be re!overe#' T(e rule a "ies to !o&&on !arriers' +n t(is "ase, t(e brea"( was substantial "ause in bringing in*ury to plainti$$' 0eirs o% A& aro #e "os Santos v CA (1990) 3 )essel san# w(en it met a typ(oon "ausing t(e deat( o$ 3 de los Santos and ot(er poor litigants' =eirs soug(t damages' Board o$ /arine +n2uiry $ound t(at "rew were negligent in operating t(e )essel and suspended its li"ense' Compania /aritima "laims t(e sin#ing was due to $or"e ma*eure' T(e "ase is pending $or almost 5% years' /oral damages 1&# ea"( (eir $or mental anguis( su$$ered due to deat( o$ t(eir relati)es' But does not apply to ,eyes

Torts and Damages Session 15-19 @sur)i)ed t(e tragedyA' ,elate to 1ort(west 3irlines ) C3 regarding t(e e>"eptions' 1o proo$ o$ bad $ait( in t(is "ase' )ere !are"essness o% !arrier #oes not !onstitute er se or ,usti%+ an in%eren!e o% &a"i!e or ba# %aith on its art7 5uita v CA (19'5) =aguisan was a se"urity guard o$ //+C' 3ll guards are re2uired to ta#e a psy"(iatri" e>am regularly be"ause a general manager was pre)iously s(ot by one o$ t(eir guards' J was t(e administrati)e o$$i"er o$ //+C' = was $ound to be un$it to wor# and was subse2uently dismissed' =e as#ed $or a "erti$i"ation o$ employment, it states Ka$ter (e was $ound mentally un$it to wor#'E = sued J $or damages, alleging t(at t(e statement was $alse and derogatory w(i"( ruined (is "(an"es o$ employment elsew(ere' /oral damages may be awarded to !o& ensate one %or #iverse in,uries su"( as mental anguis(, besmir"(ed reputation, wounded $eelings and so"ial (umiliation' +t is (owe)er not enoug( t(at su"( in*uries (a)e arisen9 it is essential t(at t(ey (a)e s run%ro& a wrongful a!t or o&ission o$ t(e de$endant w(i"( was t(e ro$i&ate !ause t(ereo$' +n t(e absen"e o$ a wrong$ul a"t or omission or o$ $raud or bad $ait(, moral damages "annot be awarded' Ca !o v )a!asaet (1990) T(e parties are sto"#(olders o$ /onte 7ro /ineral ,esour"es' C indorsed (is 5 "erti$i"ate o$ sto"#s @C7SA )alue at &'&1Ls(are to / $or sa$e#eeping only' 6(en (e demanded its return, / $ailed to produ"e it be"ause it was gi)en to an o$$i"er o$ said "orporation' / instead pla"ed it wit( (is C7S' / t(en was able to return 1 C7S o$ C' C a""epted it noted Kall "learedE' T(e 5 C7S was more t(an C<s pre)ious s(ares' =owe)er, C still sued $or damages "laiming (e (ad a ready buyer at &'&1:Ls(are, but did not materiali?e be"ause o$ /<s $ailure to return (is C7S' / was in good $ait( repla"es C<s C7S and tried to re"o)er it' 1o moral damages' Considering t(at in t(e absen"e o$ mali"e and bad $ait(, moral damages "annot be awarded and t(at t(e grant o$ moral and e>emplary damages (as no basis i$ not predi"ated upon any o$ t(e "ases enumerated in t(e Ci)il Code, properly set aside damages' )a-"uta! v >32C (1990) / was an .. o$ Commart as a /anager o$ .nergy .2uipment Ser)i"e' =e was dismissed be"ause o$ (is $amily<s establis(ment o$ // +nt<l' 6(i"( is a dire"t "ompetition wit( t(e "ompany' / sued $or illegal dismissal alleging t(at (e was dismissed be"ause (is parents t(reatened to e>pose :;thi" "o<a#a

t(e massi)e di)ersion o$ $unds to "ompany president<s pri)ate a""ounts' )ora" #a&a-es E0.' 3abor Arbiter has ,uris#i!tion to a/ar# to the #is&isse# e& "o+ee not on"+ the re"ie%s s e!i%i!a""+ rovi#e# b+ "abor "a/s, but a"so &ora" an# other %or&s o% #a&a-es -overne# b+ the Civi" Co#e7 )ora" #a&a-es /ou"# be re!overab"e, $or e>ample, where the dismissal of the employee was not only effected without authorized cause and /or due process $or w(i"( relie$ is granted by t(e 4abor Code but was attended by bad faith or %rau#, or !onstitute# an a!t o ressive to "abor, or /as #one in a &anner !ontrar+ to &ora"s -oo# !usto&s or ub"i! o"i!+ for which the obtainable relief is determined by the Civil Code (not the 3abor Co#e)' T(e 4abor 3rbiter;s *udgment s(all be $or t(e employer to reinstate t(e employee and pay (im (is ba"#wages or, e>"eptionally, $or t(e employee simply to re"ei)e separation pay' T(ese are relie$s e>pli"itly pres"ribed by t(e 4abor Code' But any award o$ moral damages by t(e 4abor 3rbiter ob)iously "annot be based on t(e 4abor Code but s(ould be grounded on t(e Ci)il Code' A&eri!an 6$ ress Dnt" v CA (19'') 3le*andrino was granted a "redit "ard by t(e petitioner' =e did not always pay t(e $ee on time' 3""ount was "an"elled one day t(en reinstated t(e ne>t' 3le*andrino presumed t(at (is "ard (as been restored' T(e "ard was "an"elled so (e was $or"ed to surrender it at Bon Department at Seattle sin"e t(ere was no pre-set spending to use t(e "ard' etitioner was only prote"ted by stopping anyone w(o wrong$ully uses it' 3le*andrino su$$ered (umiliation, but petitioner apologi?ed' ?hi"e etitioner /as not in ba# %aith, ne-"i-en!e !ause# the rivate res on#ent to su%%er &enta" an-uish, serious an$iet+, e&barrass&ent an# hu&i"iation, %or /hi!h he is entit"e# to re!over reasonab"e &ora" #a&a-es @3rti"le 551B, Ci)il CodeA' Strebe" v 9i-ueras (195E) S was a lessee o$ a lot w(i"( (e subleased to Standard Va"uum w(o "onstru"ted a gas station operated by S and .usta2uio' ! tried to built a drainage on t(e property out o$ spite and e>pe"tation to a"2uire su"(' ! allegedly used politi"al in$luen"e as 8nder Se" o$ 4abor to "ause City !is"al t(e rig(t to "onstru"t drainage and to trans$er temporarily t(e (usband o$ S step daug(ter $rom B7+ to Bureau o$ rison' S "laims ! is guilty o$ mali"ious prose"ution, t(ey issued a press statement

Torts and Damages Session 15-19 t(at S and . )iolated M-=our 4aw sin"e t(eir ..s were re2uired to wor# beyond M (ours a day' /ental anguis( is restri"ted as a rule, to su"( mental pain or su$$ering as arises $rom an in*ury or wrong to t(e person (imsel$, as distinguis(ed $rom t(at $orm o$ mental su$$ering w(i"( t(e a""ompaniment o$ sympat(y or sorrow $or anot(er<s su$$ering or w(i"( arises $rom a "ontemplation o$ wrongs "ommitted on t(e person o$ anot(er' ursuant to su"(, a husban# or /i%e !annot re!over %or &enta" su%%erin- !ause# b+ his s+& ath+ %or the otherCs su%%erin-7 Art 22197 )ora" #a&a-es &a+ not be re!overe# in !ases o% C2D)6 or T12T, un"ess either resu"ts or !auses ( h+si!a" in,uries,F w(i"( are la"#ing in t(is "ase' Ca!hero v )ani"a Be""o/ Ta$i!ab (1957) Ca"(ero boarded a ta>i o$ de$' T(at bumped against a /eral"o post' C $ell into t(e ground and su$$ered slig(t p(ysi"al in*uries' =e soug(t payment $or (is medi"al e>penses, transportation, a"tual monetary loss, moral and e>emplary damages' 7nly 3rti"le 5519 @1 and 5A (a)e any bearing on t(e "ase at bar' T(e de$endant (erein (as not "ommitted in "onne"tion wit( t(is "ase any -"riminal o$$ense resulting in p(ysi"al in*uries @3rt 5519-1A-' T(e "ase is but as a resu"t o% an a#&itte# brea!h o% !ontra!t o% !arria-e an# a-ainst the #e%en#ant e& "o+er a"one7 ?e, there%ore, ho"# that the !ase at bar #oes not !o&e /ithin the e$!e tion o% ara-ra h 1, Arti!"e 2219 o% the Civi" Co#e' 6(ile under t(e law, .,s are made responsible $or t(e damages "aused by t(eir ..s a"ting wit(in t(e s"ope o$ t(eir assigned tas#, plainti$$, in "ase at bar, #oes not &aintain his a!tion a-ainst a"" the ersons /ho &i-ht be "iab"e %or the #a&a-es !ause# but on an a""e-e# brea!h o% !ontra!t o% !arria-e an# a-ainst the #e%en#ant 62 a"one ' =owe)er, the #e%en#ant ta$i!ab !o& an+ has not !o&&itte# an+ !ri&ina" o%%ense resu"tin- in h+si!a" in,uries a-ainst the "ainti%%7 The one that !o&&itte# the o%%ense a-ainst "ainti%% is the #river o% the #e%en#antCs ta$i!ab but he /as not &a#e art+ #e%en#ant to the !ase' T(ere$ore, plainti$$ is not entitled to "ompensation $or moral damages as (is "ase does not "ome wit(in t(e e>"eption o$ 3rt 5519 @1A' 9e"isi"#a v Vi""anueva (19'5) ! spouse<s lot was le)ied and sold to Dr' Jaleon at publi" aution' 1o redemption was made so t(e 5;thi" "o<a#a

sale was registered and new titles were gi)en' ! was ordered by /TC to )a"ate t(e lot and pay Dr Jaleon $or t(e use o$ (is land' A/ar# o% &ora" an# e$e& "ar+ #a&a-es in an 6G6CT)6>T SHDT, &ani%est"+ erroneous7 Trial *udges (a)e a repre(ensible propensity to ad*udge moral and e>emplary damages wit(out any *usti$i"ation' )ere ve$ation or &enta" an-uish is not su%%i!ient to /arrant &ora" #a&a-es7 The !ase &ust !o&e /ithin the ter&s o% Art 2217-2220 o% the Civi" Co#e7 T(e 714G damages re"o)erable in an e*e"tment suit are t(e $air rental )alue or t(e reasonable "ompensation $or t(e use and o""upation o$ t(e real property' 7t(er damages must be "laimed in an ordinary a"tion' )er!a#o v 3ira (1961) / and ot(ers were owners and operators o$ 4aguna Transpo' Comp' 7ne o$ its bus, w(ile on t(e trip $rom Batangas to /anila, its le$t $ront tire blew out and swer)ed gradually on t(e le$t side o$ t(e road, into a ra)ine some 5B& meters away' Se)eral passengers died and ot(ers were in*ured' ,amon 4ira, Jr' died w(ile 1ita 4ira was in*ured' T(e parents o$ ,amon and 1ita (ersel$ sued $or damages' )ora" #a&a-es E. %or #eath o% 2a&on7 Damages in e>"ess o$ %# may be awarded $or t(e deat( o$ a passenger, and in addition, t(e (eirs may demand moral damages "ommensurate wit( t(e mental anguis( su$$ered by t(em' 3rt 1BC:' K3rt 55&C s(all also apply to t(e deat( o$ a passenger "aused by t(e brea"( o$ "ontra"t by a "ommon "arrier'E 3rt 55&C@%A' 7n"e t(e abo)ementioned (eirs o$ t(e de"eased "laim "ompensation $or moral damages and are ab"e to rove t(at t(ey are entitled to su"( award, it be"omes t(e #ut+ o% the !ourt to a/ar# &ora" #a&a-es to the !"ai&ant in an a&ount !o&&ensurate /ith the &enta" an-uish su%%ere# b+ the&' 7$ "ourse, t(e amount o$ moral damages to be awarded, s(ould be su"( as may be reasonable and *ust under t(e "ir"umstan"es in a gi)en "ase' See !ores ) /iranda' 3 passenger w(o su$$ered p(ysi"al in*uries be"ause o$ t(e "arrier<s negligen"e @"ulpa "ontra"tualA "annot be "onsidered in t(e des"ripti)e e>pression Kanalogous "ases used in 3rt' 5119E $or w(i"( t(e new Ci)il Code aut(ori?es indemni$i"ation $or moral damages in $a)our o$ t(e in*ured party' /oral damages are only re"o)erable in t(is "ase w(en t(ere is e)iden"e o$ $raud, mali"e or bad $ait( on t(e part o$ t(e "arrier' T(ere is none in t(is "ase' T(e "ause o$ t(e a""ident was merely t(e bursting o$ tire' Ta&a+o v Hniv o% >e-ros 1!! (CA:1962)

Torts and Damages Session 15-19 A !or oration, bein- an arti%i!ia" erson an# havine$isten!e on"+ in "e-a" !onte& "ation, has no %ee"in-s, no e&otions, no sensesI there%ore, it !annot e$ erien!e h+si!a" su%%erin- an# &enta" an-uish' /ental su$$ering "an be e>perien"ed only by one (a)ing a ner)ous system and it $lows $rom real ills, sorrows, and grie$s o$ li$e' =A3 v CA (19'1) Samson was a "o-pilot in 34 w(ile Capt Bustamante was t(e "ommanding pilot on t(eir /anila to 4egaspi $lig(t' Be"ause o$ B<s )ery slow rea"tion and poor *udgment o)ers(ot t(e air$ield' T(e plane "ras( landed beyond t(e runway and t(e (ead o$ Samson (it and brea# t(roug( t(e t(i"# $ront winds(ield o$ t(e plane w(i"( "aused (im se)ere "on"ussion and wounds' =e re2uest $or medi"al treatment but 34 merely re$er (im to t(e "ompany do"tor w(o is a only a general pra"titioner' =e e>perien"es periodi" di??y spells, general debility and ner)ousness' =e was subse2uently dismissed $or p(ysi"al disability' S sued 34 $or damages' )ora" #a&a-es 50. ' T(e negligen"e o$ 34 is "learly a 2uasi-deli"t, 3rt 5519@5A is appli"able, *usti$ying t(e re"o)ery o$ moral damages' .)en $orm t(e standpoint o$ t(e petitioner 34 t(at t(ere is an ..-., relations(ip between it and Samson as respondent arising $rom t(e "ontra"t o$ employment, Samson is still entitled to moral damages in )iew o$ t(e $inding o$ bad $ait( and mali"e by C3, applying 3rt 555& relate to 3rt 19 @a"t wit( *usti"e, gi)e e)eryone (is dueA ' Buenaventura v CA (2005) T(e marriage o$ 1oel Buena)entura, petitioner and 4u"ia Sing(, respondent was de"lared null and )oid $or t(e psy"(ologi"al in"apa"ity under 3rt %C !C o$ B' =e was ordered to pay 5'5/ moral damages to 4u"ia, 3rt 551B, 3rt 51 re$erred to 3rt 5519' T(e trial "ourt re$erred to 3rti"le 51 be"ause 3rti"le 5519 o$ t(e Ci)il Code enumerates t(e "ases in w(i"( moral damages may be re"o)ered and it mentions 3rti"le 51 as one o$ t(e instan"es' +t must be noted t(at Arti!"e 21 states t(at t(e indi)idual must ?D339H33B !ause "oss or in,ur+ to another' T(ere is a need t(at t(e a"t is will$ul and hen!e #one in !o& "ete %ree#o&' +n granting moral damages, t(e lower "ourts "ould not but (a)e assumed t(at t(e a"ts on w(i"( t(e moral damages were based were done will$ully and $reely, ot(erwise t(e grant o$ moral damages would (a)e no leg to stand on' C;thi" "o<a#a sy"(ologi"al in"apa"ity was de$ined as Ktru"+ in!o-nitive o% the basi! &arita" !ovenants that !on!o&itant"+ &ust be assu&e# an# #is!har-e# b+ the arties to the &arria-eJ utter insensitivit+ or inabi"it+ to -ive &eanin- an# si-ni%i!an!e to the &arria-eJF T(e Court o$ 3ppeals and t(e trial "ourt considered the acts of the petitioner after the marriage as proof of his psychological incapacity, and therefore a product of his incapacity or inability to comply with the essential obligations of marriage. Nevertheless, said courts considered these acts as willful and hence as grounds for granting moral damages' +t is !ontra#i!tor+ to !hara!teri<e a!ts as a ro#u!t o% s+!ho"o-i!a" in!a a!it+, an# hen!e be+on# the !ontro" o% the art+ be!ause o% an innate inabi"it+, /hi"e at the sa&e ti&e !onsi#erin- the sa&e set o% a!ts as /i""%u"' T(e award o$ moral damages shou"# be re#i!ate#, not on the &ere a!t o% enterin- into the &arria-e, but on s e!i%i! evi#en!e that it /as #one #e"iberate"+ an# /ith &a"i!e by a party w(o (ad .no/"e#-e o% his or her #isabi"it+ and +et /i""%u""+ !on!ea"e# t(e same' 1o su"( e)iden"e appears to (a)e been addu"ed in t(is "ase' T(e de$inition o$ psy"(ologi"al in"apa"ity remo)es t(e basis $or t(e "ontention t(at t(e petitioner purposely de"ei)ed t(e pri)ate respondent' +$ t(e pri)ate respondent was de"ei)ed, it was not due to a will$ul a"t on t(e part o$ t(e petitioner' T(ere$ore, t(e award o$ moral damages was wit(out basis in law and in $a"t' )er!a#o v CA (1960) /er"ado, petitioners< "(ild and Nuisumbing, respondents< "(ild are "lassmates' / (as a pitogo @piggy ban#A w(i"( (e lent it to 4im, t(en 4im lent it to 4egaspi t(en to N' 4egaspi and N did not #now t(at t(e pitogo is owned b y /' 6(en / was trying to get it to N, N re$used' 3 $ig(t ensued, and w(en N be"ame wea#, / "ut t(e "(ee#s o$ N wit( a ra?or' 6(ile moral damages in"luded p(ysi"al su$$ering, w(i"( must (a)e been "aused to t(e wounded boy Nuisumbing @3rt' 551B, Ci)il CodeA, t(e de"ision o$ t(e "ourt below does not de"lare t(at any o$ t(e "ases spe"i$ied in 3rti"le 5519 o$ t(e Ci)il Code in w(i"( moral damages may be re"o)ered, (as attended or o""asioned t(e p(ysi"al in*ury' The on"+ ossib"e !ir!u&stan!e in the !ase at bar in /hi!h &ora" #a&a-es are re!overab"e /ou"# be i% a !ri&ina" o%%ense or a Kuasi-#e"i!t has been !o&&itte#7 +t does not appear t(at a "riminal a"tion $or p(ysi"al in*uries was e)er presented' T(e o$$ender, 3ugusto /er"ado, was nine years old and it does not appear t(at (e (ad a"ted wit(

Torts and Damages Session 15-19 dis"ernment w(en (e in$li"ted t(e p(ysi"al in*uries on /anuel Nuisumbing, Jr' +t is apparent t(at t(e pro>imate "ause o$ t(e in*ury "aused to Nuisumbing was Nuisumbing;s own $ault or negligen"e $or (a)ing inter$ered wit( /er"ado w(ile trying to get t(e pitogo $rom anot(er boy' @3rt' 51B9, Ci)il Code'A

i$ brea!h /as /anton, re!."ess, &a"i!ious or in ba# %aith, o ressive or abusive7 .>emplary damages :&# a warning to all entitled to obser)e good $ait( and due diligen"e in $ul$illing "ontra"tual obligations 3ttorney<s $ees o$ 1&# 3rt 55&M Centra" A<u!arera #e Bais v CA (1990) De$ are sugar "ane planters milling t(eir sugar"ane wit( petitioner wit(out any written milling "ontra"ts' T(ey (ad a s(are o$ C&H in sugar produ"ed' ,3 M&9 was ena"ted "ompelling in"reased parti"ipation o$ ma*ority planters' Central gi)es C5H s(are $or t(ose w(o signed but C&H s(are i$ wit(out milling "ontra"t' ATT12>6BCs 966S is an award t(ereo$ as an item o$ damages is t(e e>"eption rat(er t(an t(e rule, and !ounse"8s %ees are not to be a/ar#e# ever+ ti&e a art+ /ins a suit ' 3rti"le 55&M demands $a"tual, legal and e2uitable *usti$i"ation, wit(out w(i"( t(e award is a "on"lusion wit(out a premise, its basis being improperly le$t to spe"ulation and "on*e"ture' +n all e)ents, the !ourt &ust e$ "i!it"+ state in the te$t o% the #e!ision, an# not on"+ in the #e!reta" ortion thereo%, the "e-a" reason %or the a/ar# o% attorne+8s %ees7 4e"ete# a/ar# o% su!h )in#anao A!a#e&+, Dn! v Ba (1965) 1u2ui and son sold land wit( 5 s"(ools @/indanao 3"ademy and /isamis 3"ademyA to Gap' Gap too# possession and renamed it to =ar)ardian Colleges' But $ound out t(at t(ere are many "o-owners in su"( s"(ool t(at (as not "onsented t(e sale' T(ey sued $or annulment o$ su"(' +ndeed t(e interests o$ t(e said sto"#(olders, i$ any, were already represented by t(e "orporation itsel$, w(i"( was t(e proper party plainti$$9 and no "ause o$ a"tion a""ruing to t(em separately $rom t(e "orporation is alleged in t(e "omplaint, ot(er t(an t(at $or moral damages due to -e>treme mental anguis(, serious an>iety and wounded $eelings'Attorne+8s %ees =2. s(ould be up(eld, alt(oug( t(e same s(ould be $or t(e a""ount, not o$ t(e plainti$$ sto"#(olders o$ t(e /indanao 3"ademy, +n"', but o$ t(e !or oration itse"%, an# a+ab"e to their !o&&on !ounse" as ra+e# %or in the !o& "aint' 3a<atin v T/ano (1961) - 4a?atin sued Twano $or pri"e o$ 555 autotru"#s pur"(ased $rom t(e 8S go)ernment' T(ey are partners in buying and selling su"(' De$ "laims t(at plainti$$s a"tion was

Session 16 Art 2015, 220', 2229-22L5, E Annotations on Attorne+Cs 9ees, Cases 1LL, 200, 2L', 251, 261, 265, 291L10, an# L22 Araneta v Are-"a#o (195') 3raneta, 3tenean teased 3rreglado, $ormer 3tenean be"ause o$ trans$erring to 4a Salle' 3rreglado $ell $rom t(e ground' /oral damages in "ase o$ p(ysi"al in*uries are only re"o)erable by t(e party w(o su$$ered t(em and not by (is ne>t o$ #in, unless t(ere is e>press statutory pro)ision to t(e "ontrary' T(e $at(er<s $ailure to submit t(e son to a plasti" operation as soon as possible does not pro)e t(at su"( treatment is not "alled $or or t(at its "ost, i$ a"tually ne"essary, s(ould not enter in t(e assessment o$ t(e damages to w(i"( t(e in*ured party is entitled' 0erbosa v CA (2002) = sued $or damages $or brea"( o$ "ontra"t' T(ey (ired V., di)ision o$ Solid Corp, to re"ord t(eir wedding "eremony' T(roug( t(eir utter disappoint, V. $ailed to re"ord o$ problems in t(e e2uipment' 3 writ o$ e>e"ution was issued, le)ied personal properties o$ Solid Corp' 7n t(e day o$ au"tion sale, an in*un"tion was issued but was deli)ered late' +t was sold O Solidban# sued $or damages moral, e>emplary and attorney<s $ees' The !"ai& %or a!tua", &ora" an# e$e& "ar+ #a&a-es as /e"" as attorne+Cs %ees &ust ea!h be in#e en#ent"+ i#enti%ie# an# ,usti%ie#' /7,34 damages -B5# - "annot be re"o)ered in an a"tion $or brea"( o$ "ontra"t be"ause su"( an a"tion is not among t(ose e>pressly mentioned in 3rt 5519 o$ 1CC' =owe)er, it is re"o)erable B;thi" "o<a#a

Torts and Damages Session 15-19 "learly un$ounded' SC0 t(e "ase was dismissed on purely te"(ni"al ground pres"ription and res ad*udi"ata' Att+ 9ess L.7 Art 220' (E)7 6(ile it may appear also t(at t(e mo)e was a s"(eme to pre)ent t(e de$endants-appellees $rom reaping t(e bene$its o$ t(e $inal *udgment rendered in t(eir $a)or in said "ase C3- J',' 1o' 5:%%-,, still one !annot nu""i%+, /ithout !ause, the -oo# an# honest &otive, /hi!h shou"# be resu&e#, /hen a "iti-ant -oes to !ourt %or the #eter&ination o% his a""e-e# ri-ht7 Considering t(e $a"t t(at de$endants-appellant lees /ere #ra/n into this "iti-ation b+ "ainti%%-a e""ant an# /ere !o& e""e# to hire an attorne+ to rote!t an# #e%en# the& , and ta#ing into a""ount t(e wor# done by said attorney, as re$le"ted in t(e re"ord, t(roug(out t(e pro"eedings' )a&bu"ao 3u&ber Co v =>B (196') /ambulao 4umber granted industrial loan o$ 1&&# by 1B' 7nly 5B,5&& and 15,5&& was released' / $ailed to pay and t(e s(eri$$ $iled a noti"e o$ $ore"losure mortgaged land and t(e "(attel mortgage' / re2uested t(e suspension o$ $ore"losure o$ t(e "(attel mortgage, and was granted' =owe)er, t(e sale o$ t(e land was done' T(e pro"eeds is 5C,9&M' / deposited B%M'59 w(i"( represents payment o$ t(e its w(ole debt' 1B "laims t(at t(ere is still a balan"e' .>emplary 1&#' 3ttorney<s $ees %#' But $or t(e wrong$ul a"ts o$ (erein appellee ban# and t(e deputy s(eri$$ o$ Camarines 1orte in pro"eeding wit( t(e sale in utter disregard o$ t(e agreement to (a)e t(e "(attels sold in /anila as pro)ided $or in t(e mortgage "ontra"t, to w(i"( t(eir attentions were timely "alled by (erein appellant, and in disposing o$ t(e "(attels in gross $or t(e miserable amount o$ :,5&&' =eo "e v Bautista (19'1) 3balayan went to B, $ait( (ealer se)eral times to see# (elp sin"e s(e suspe"ts t(at (is (usband is "(eating on (er' 7ne day, B as#ed 3 to lie down and un?ip (er pants in t(e woods, "laiming t(at (e will do a ritual to ward o$$ t(e in$idelity o$ (is (usband' B started "aressing t(e breasts and )agina, 3 protested' B instead ga)e (er a potion but 3 a$ter drin#ing it $elt wea#' S(e was (ypnoti?ed and B abused (er' /oral damages 5&#' As a vi!ti& o% ra e, !o& "ainant un#eniab"+ %e"t &enta" an-uish an# #istress7 An# havin- to %a!e ub"i! tria" that /ou"# e$ ose the "uri# #etai"s o% her unha + e$ erien!e, t(at too (ad t(e e$$e"t o$ besmir"(ing (er reputation to warrant t(e award o$ moral damages, an inseparable M;thi" "o<a#a

liability to t(e puniti)e portion o$ t(e senten"e imposed on all "on)i"ted rapists' =ru#en!ia#o v A""ie# Trans ort S+ste& (19'7) Dra ruden"io was about to (old a "lass at (ilippine 1ormal College' 6(en s(e was about to "ross t(e interse"tion to Ta$t 3)e, s(e stopped and loo#ed at bot( sides $or any on-"oming )e(i"le' S(e pro"eeded w(en s(e saw t(at t(ere no "ars' Suddenly, a ta>i o$ de$endant bumped (er "ar' S(e sustained p(yis"al in*uries li#e brain "on"ussion' .>emplary damages-5P' 3rti"le 55%10 +n 2uasi-deli"ts, e>emplary damages may be granted i$ t(e de$endant a"ted wit( gra)e negligen"e' T(e rationale be(ind e>emplary or "orre"ti)e damages is, as t(e name implies, to pro)ide an e>ample or "orre"tion $or t(e publi" good' =owe)er, a dri)er running at $ull speed on a rainy day, on a slippery road in "omplete disregard o$ t(e (a?ards to li$e and limb o$ ot(er people "annot be said to be a"ting in anyt(ing less t(an gross negligen"e' T(e $re2uent in"iden"e o$ a""idents o$ t(is nature "aused by ta>i dri)ers indeed demands "orre"ti)e measures' 3ttorney<s $ees %#' Corona v CA (19'L) opio"o was dri)ing *eep owned by 7ng, "ollided wit( pi"#-up dri)en by ineda owned by Corona' opio"o su$$ered in*uries' 3tty<s $ees 1# ea"( to be paid to 7ng and opio"o' 5&,&&&'&& moral damages 2uite e>"essi)e, "onsidering t(at on re"ord t(e in*uries su$$ered by pri)ate respondent opio"o were as $ollows0 K!ra"ture, simple, "omplete, $emur le$t, !ra"ture, simple, "omplete, distal t(ird, patella, le$tE $or w(i"( (e underwent -an intramedullary nailing o$ t(e le$t $emur on /ar"( 15, 19C9 and remo)al o$ patellar $ru"ture $ragments and patellar tendon repair on 3pril 5, 19C9' - T(ere is no e)iden"e s(owing t(at as a "onse2uen"e t(ereo$, (e now limps, be"ame lame or t(at e)en one o$ (is legs be"ame s(ort' =eo "e v 2ui< (19'1) ,ui? $ound t(at 3tty Jose 7ng 7(, de"eased, re$used to load (is "opra t(roug( ,ui? union' 4oo#ed $or t(e 7ng 7( and s(ot (im' % mitigating "ir"umstan"es0 passion and ob$us"ation, drun#enness and )oluntary surrender' )ora" #a&a-es %ro& 50. to 20.7 A&ount a/ar#e# %or #a&a-es in a !ri&ina" !ase sha"" be re#u!e# /here there are &iti-atin- !ir!u&stan!es7

Torts and Damages Session 15-19 >o e$e& "ar+ #a&a-es sha"" be a/ar#e# i% there are no a--ravatin- !ir!u&stan!es7 Attorne+Cs %ees %ro& 10. to 5.7 T(e pri)ate prose"utors t(at (elped in t(e prose"ution o$ t(e "ase being deemed to (a)e rendered ser)i"e $or a $ellow member o$ t(e bar more in t(e spirit o$ pro$essional $raternity' 2iba+a M Carbone"" v Bautista (19'0) ,ibaya was engaged in buying and selling *ewelry' S(e was in$ormed by (er agent t(at Bautista was interest in buying *ewelries wit( big diamonds' B boug(t *ewelries amounting to 555# and 9:P' B paid t(roug( "(e"#s but all was dis(onoured sin"e B<s a""ount was "losed' , "annot $ind B' B started to )isit )arious pawns(ops in /anila and $ound t(at t(e *ewelries were pawned' , $ound B but was gi)en a run around at maturity dates o$ "(e"#s' /oral damages O .>emplary damages 55H o$ prin"ipal sum /oral damages etitioner 1i"eta su$$ered -e>tremely- and t(at $or t(ree mont(s s(e "ould not sleep was a "lear demonstration o$ (er p(ysi"al su$$ering, mental anguis( and serious an>iety and similar in*ury, resulting $rom respondents; male)olent a"ts t(at s(ow (er to be "learly entitled to moral damages' .>emplary - The /antonness an# &a"evo"en!e throu-h /hi!h res on#ents #e%rau#e# etitioners, #e!eit%u""+ in!urrin- an# then eva#in- sett"e&ent o% their ,ust "iabi"it+ "ertainly *usti$ies t(e award o$ e>emplary damages by way o$ e>ample and "orre"tion $or t(e publi" good and also to serve as a #eterrent to the !o&&ission o% si&i"ar &is#ee#s b+ others, even i% the transa!tion /ere vie/e# as a brea!h o% !ivi" !ontra!t' T(ere was more t(an wanton re$usal to pay a plainly )alid and *ust "ontra"tual debt, but a mali"ious de$raudation and gross abuse o$ petitioners; good $ait(, w(ereby petitioners were wantonly -paid- wit( boun"ing postdated "(e"#s and besides not being paid w(at was due t(em, (ad to undergo trauma and tra)ail to redeem wit( t(eir own and borrowed $unds $rom t(e pawns(ops some o$ t(e *ewelries in order to return t(em to t(eir owners' 4o&in-#in- v Aranas v >- (195') !rom t(e re"ord we also understand t(at t(e o$$ended party is an e>porter o$ mangoes w(o, e)idently, does not seem to (a)e mu"( "apital be"ause s(e only pays $or t(e mangoes w(en t(e same is sold' 1eit(er does t(e 9;thi" "o<a#a

o$$ender seem or appear to be o$ mu"( $inan"ial "onse2uen"e be"ause (e was only t(e o)erseer or manager o$ a mango store' 6it( all t(e abo)e "ir"umstan"es in mind, t(e Tribunal belie)es t(at t(e sum o$ 5&,&&&, assessed by t(e "ourt a quo, is e>"essi)e' 1,&&& s(ould be su$$i"ient as moral damages, but t(e o$$ender s(ould be re2uired to pay puniti)e damages in t(e amount o$ 5,&&& be"ause o$ (is a"t in abusing t(e "on$iden"e o$ a "ustomer belonging to t(e wea#er se>, w(i"( bespea#s o$ a per)erse nature dangerous to t(e "ommunity' 3ttorney;s $ees 1# reasonable' =eo v )e#roso Gr (1975) /edroso dri)en by / w(ile in a barrio, (it 3ndes' 3ndes died' 5 mitigating0 )oluntary surrender, plea o$ guilt' 1 aggra)ating0 dro)e tru"# wit(out a li"ense' 3"tual0 15#' /oral damages :#' /ay be re"o)ered w(ere p(ysi"al in*uries ended in deat(' Determination o$ nature o$ (uman li$e dis"retionary upon trial "ourt' T(e assessment will not be disturbed on appeal unless t(ere is a mani$est s(owing t(at t(e same is arbitrary or e>"essi)e' .>emplary damages :#' .>emplary damages are "orre"ti)e in nature and are imposed by way o$ e>ample or "orre"tion $or t(e publi" good @3rt' 5559, Ci)il CodeA, and t(e situation be$ore 8s "alls $or t(e imposition o$ t(is #ind o$ damages to deter ot(ers $rom ta#ing into t(eir (ands a motor )e(i"le wit(out being 2uali$ied to operate it on t(e (ig(ways t(ereby "on)erting t(e )e(i"le into an instrument o$ deat(' Tan @a oe v )asa (19'5) /asa, Tan<s tenant $or 1& years, as#ed t(e latter $or t(e "on)ersion o$ t(eir s(are tenan"y relations(ip to one o$ lease(old, petitioners re*e"ted' /asa $iled in C3, $or su"( but Tan opposed and $iled $or e*e"tment' T(e "on)ersion was granted' Tan $iled C "ases against /asa' =e was arrested' /asa $iled $or moral and e>emplary damages $or mali"ious prose"ution' 6$e& "ar+ 200 ea!h7 T(e award o$ moral and e>emplary damages in an aggregate amount may not be t(e usual way o$ awarding said damages' =owe)er, there !an be no Kuestion that the entit"e&ent to &ora" #a&a-es havin- been estab"ishe#, e$e& "ar+ #a&a-es &a+ be a/ar#e#7 3nd e>emplary damages may be awarded e)en t(oug( not so e>pressly pleaded in t(e "omplaint nor pro)ed'

Torts and Damages Session 15-19 Attorne+Cs %ees L.7 Attorne+8s %ees are a"so re!overab"e /hen e$e& "ar+ #a&a-es are a/ar#e#, an# in !ri&ina" !ases o% &a"i!ious rose!ution a-ainst the "ainti%% ' )unsa+a! v #e 3ara (196') lainti$$ was a passenger in a *eep owned and operated by de$endant' De$endant dro)e at e>"essi)e speed and did not ta#e due "are e)en t(oug( t(e road is under repair and t(at (is passengers re2uested (im to go slowly' T(e law does not "ontemplate a )i"arious liability on (is part0 t(e brea"( is (is as party to t(e "ontra"t, and so i% he is to be he"# "iab"e at a"" %or e$e& "ar+ #a&a-es b+ reason o% the /ron-%u" a!t o% his a-ent, it &ust be sho/n that he ha# revious"+ authori<e# or .no/in-"+ rati%ie# it t(erea$ter, in e$$e"t &a.in- hi& a !o- arti!i ant' +t is not enoug( to say t(at an e>ample s(ould be made, or "orre"ti)e measures employed, $or t(e publi" good, espe"ially in a""ident "ases w(ere publi" "arriers are in)ol)ed' 9or the !ausative ne-"i-en!e in su!h !ases is ersona" to the e& "o+ees a!tua""+ in !har-e o% the vehi!"es, an# it is the+ /ho shou"# be &a#e to a+ this .in# o% #a&a-es b+ /a+ o% e$a& "e or !orre!tion, unless by t(e demonstrated toleran"e or appro)al o$ t(e owners t(ey t(emsel)es "an be (eld at $ault and t(eir $ault is o$ t(e "(ara"ter des"ribed in 3rti"le 55%5 o$ t(e Ci)il Code' 7t(erwise t(ere would be pra"ti"ally no di$$eren"e between t(eir liability $or e>emplary damages and t(eir liability $or "ompensatory damages, w(i"( needs no proo$ o$ t(eir negligen"e sin"e t(e suit is predi"ated on brea"( o$ "ontra"t and due diligen"e on t(eir part does not "onstitute a de$ense' )artine< v 5on<a"es (1962) Jon?ales, owner and !ornal, dri)er was sued by /artine? $or damages be"ause o$ p(ysi"al in*uries sustained w(ile riding t(e ta>i"ab o$ Jon?ales' J<s ta>i bumped wit( anot(er ta>i' /artine? lost "ons"iousness be"ause o$ su"( a""ident and was re2uired to be (ospitali?ed' Ca deleted moral and e>emplary damages and redu"ed attorney<s $ees' /oral damages are not re"o)erable in damages a"tions, predi"ated on a brea"( o$ t(e "ontra"t o$ transportation, as in t(e instant "ase, in )iew o$ t(e pro)isions o$ 3rti"les 5519 and 555& o$ t(e 1ew Ci)il Code' T(e e>"eptions a""ording to t(e !ores "ase0 @1A w(ere t(e mis(ap results in t(e deat( o$ a passenger, and @5A w(ere it is pro)ed t(at t(e "arrier was guilty o$ $raud or bad $ait(, e)en i$ deat( does not result' 1& ; t h i " " o < a # a

17 moral - lainti$$-appellant designated t(e in"ident as accident and predi"ated (er "ause o$ a"tion on t(e $ailure o$ t(e de$endant to per$orm (er obligation, as a "arrier, to bring plainti$$appellant sa$ely to (er destination' T(is being t(e "ase, no moral damages are awardable' 17 e>emplary' lainti$$-appellant not being entitled to moral damages, s(e is not also entitled to e>emplary damages' !or one to re"o)er e>emplary damages, (e must $irst s(ow t(at (e is entitled to moral, temperate li2uidated or "ompensatory damages' 3ttorney<s $ees' 5&&' 1!tot v Bbane< (19'2) 7"tot was a se"urity guard in JS+S' T(e go)ernment ordered all department (eads to dismiss ..s t(at are undesirable espe"ially t(ose w(o are $a"ing "(arges' 7"tot was "on)i"ted o$ libel in ,TC' =e was dismissed, 7"tot belie)ing it was illegal, still "ontinued to wor# but (is salary was wit((eld by Gbane?' =e was subse2uently a"2uitted by C3' +mbong re2uested $or (is reinstatement, w(i"( was appro)ed' =owe)er, 7"tot delayed in a"ting on su"(' 6$e& "ar+ #a&a-es are not -enera""+ re!overab"e in a s e!ia" !ivi" a!tion %or &an#a&us un"ess the #e%en#ant atent"+ a!te# /ith vin#i!tiveness or /antonness an# not in the e$er!ise o% honest ,u#-&ent7 T(e "laim $or e>emplary damages must presuppose t(e e>isten"e o$ t(e "ir"umstan"es enumerated in Arti!"es 22L1 an# 22L2 o% the Civi" Co#e' .>emplary or "orre"ti)e damages are imposed by way o$ e>ample or "orre"tion $or t(e publi" good, in addition to t(e moral, temperate, li2uidated or "ompensatory damages' Su"( damages are reKuire# b+ ub"i! o"i!+, %or /anton a!ts &ust be su resse#' T(ey are an antidote so t(at t(e poison o$ wi"#edness may not run t(roug( t(e body politi"' Conditions w(en e>emplary damages may be awarded0 1' T(ey may be imposed by way o$ e>ample or "orre"tion only in addition, among ot(ers, to "ompensatory damages, and "annot be re"o)ered as a matter o$ rig(t, t(eir determination depending upon t(e amount o$ "ompensatory damages t(at may be awarded to t(e "laimant' 5' T(e "laimant must $irst establis( (is rig(t to moral, temperate, li2uidated or "ompensatory damages' %' T(e wrong$ul a"t must be a""ompanied by bad $ait(, and t(e award would be allowed only i$ t(e guilty party a"ted in a wanton, $raudulent, re"#less, oppressi)e or male)olent manner

Torts and Damages Session 15-19 )atura v 3a+a (1979) /atura was a publi" s"(ool tea"(er, went to s"(ool w(ere Sarmago also wor#s as a tea"(er' / a""used (er as t(e paramour o$ (er (usband and started insulting (er about t(e immorality O p(ysi"ally assaulted in $ront o$ Sarmago<s "o-tea"(ers and students' /atura was "on)i"ted o$ oral de$amation and slig(t p(ysi"al in*uries' 3rt 55%&0 "riminal o$$enses e>emplary damages as a part o$ a "i)il liability may be imposed w(en t(e "rime is "ommitted wit( one or more aggra)ating "ir"umstan"e' +n "ase at bar, no aggra)ating "ir"umstan"e' 2otea v 0a"i"i (1960) Ba"son was dri)ing a bus owned by =alili, w(i"( "ollided wit( a bus' ,otea, passenger o$ =alili was in*ured' Soug(t 1&# e>emplary damages but trial "ourt did not awarded t(e same' .>emplary damages are i& ose# ri&ari"+ u on the /ron-#oer as a #eterrent in the !o&&ission o% si&i"ar a!ts in t(e $uture' Su"( puniti)e damages !annot be a "ie# to his &aster or e& "o+er e$!e t on"+ to the e$tent o% his arti!i ation or rati%i!ation o% the a!t be!ause the+ are ena" in !hara!ter' /oreo)er, in t(is *urisdi"tion, e>emplary damages may only be imposed w(en t(e "rime is "ommitted wit( one or more aggra)ating "ir"umstan"es @3rti"le 55%&, new %m % Ci)il CodeA, and (ere t(e "rime being only 2uali$ied by negligen"e is not a""ompanied by an aggra)ating "ir"umstan"e and no e)iden"e o$ parti"ipation o$ wrong$ul a"t o$ ..' Sin"e t(ey are awarded not by way o$ "ompensation, but as a punis(ment to t(e o$$ender and as a warning to ot(ers, t(ey "an only be awarded against one w(o (as parti"ipated in t(e o$$ense 5e"u< v CA (1961) 4a?o, (usband o$ Villanue)a, sued Jelu? $or t(e %rd abortion done by (is wi$e alleging t(at (e did not "onsent on su"(' But it was presumed t(at t(e 1 st abortion w(i"( (appened be$ore t(ey got married and t(e 5nd abortion @time t(at s(e was employed in Comele"A were done to (is wi$e wit( (is #nowledge' Sin"e an a!tion %or e!uniar+ #a&a-es on a!!ount o% ersona" in,ur+ or #eath ertains ri&ari"+ to the one in,ure#, i$ no a"tion $or su"( damages "ould be instituted on be(al$ o$ t(e unborn "(ild on a""ount o$ t(e in*uries it re"ei)ed, no su"( rig(t o$ a"tion "ould deri)ati)ely a""rue to its parents or (eirs' +n $a"t, e)en i$ a "ause o$ a"tion did a""rue on be(al$ o$ t(e unborn "(ild, t(e same was e>tinguis(ed by its pre-natal deat(, sin"e no transmission to anyone "an ta#e pla"e $rom on t(at la"#ed *uridi"al 11 ; t h i " " o < a # a

personality @or *uridi"al "apa"ity as distinguis(ed $rom "apa"ity to a"tA' Be"ause t(e parents "an not e>pe"t eit(er (elp, support or ser)i"es $rom an unborn "(ild, t(ey would normally be limited to moral damages $or t(e illegal arrest o$ t(e normal de)elopment o$ t(e spes hominis t(at was t(e $oetus, i'e', on a""ount o$ distress and anguis( attendant to its loss, and t(e disappointment o$ t(eir parental e>pe"tations @Ci)' Code 3rt' 551BA' .>emplary damages, i$ t(e "ir"umstan"es s(ould warrant t(em @3rt' 55%&A' 1o damages in "ase at bar, appellee;s indi$$eren"e to t(e pre)ious abortions o$ (is wi$e, "learly indi"ates t(at (e was un"on"erned wit( t(e $rustration o$ (is parental (opes and a$$e"tions' )iraso" v #e "a Cru< (197') /irasol sued /endo?a $or $or"ible entry' But /endo?a "laims t(ere is a prior e>isten"e o$ a tenan"y "ontra"t and t(e "ase was purely $or (arassment' 3rt' 55&M0 it is "learly intended to retain t(e award o$ attorney;s $ees as t(e e>"eption in our law, as t(e general rule remains t(at attorney;s $ees are not re"o)erable in t(e absen"e o$ a stipulation t(ereto, t(e reason being t(at it is not soun# o"i!+ to se"% a re&iu& on the ri-ht to "iti-ate ' 3rt' 55&M @:A allows attorney;s $ees in "ases o$ "learly un$ounded "i)il a"tions, but it must be understood to mean t(ose w(ere t(e "ause or "auses o$ a"tion are so untenable as to amount to gross and e)ident bad $ait(' =roo% &ust be resente# to the !ourt as to the %a!ts an# !ir!u&stan!es !onstitutin- the a""e-e# ba# %aith ' Kattorney;s $ees and e>penses o$ litigation must be reasonable' '''- =en"e, t(e e>er"ise o$ *udi"ial dis"retion in t(e award o$ attorney;s $ees under 3rt' 55&M @11A o$ t(e 1ew Ci)il Code demands a $a"tual, legal or e2uitable *usti$i"ation' 6it(out su"( *usti$i"ation, t(e award is a "on"lusion wit(out a premise, its basis being improperly le$t to spe"ulation and "on*e"ture'=irovano v #e "a 2a&a SNS (195E) .ste$ania was one o$ t(e daugt(ers o$ .steban de la ,ama, ma*or sto"#(older o$ respondent' =e ga)e e2ual s(ares to (is daug(ters' T(e (usband o$ .ste$ania, iro)ano be"ame t(e president o$ t(e "ompany' =e was responsible $or t(e massi)e e>pansion o$ t(e "ompany' 6(en (e died, t(e board made a resolution donating to (is minor (eirs <s li$e insuran"e pro"eeds in terms o$ sto"#s' 7ne daug(ter o$ .steban protested sin"e it will ma#e t(e )oting rig(ts twi"e as to (er sisters' T(e board nulli$ied t(e donation and instead "laims t(at t(e

Torts and Damages Session 15-19 pro"eeds will be "onsidered as t(eir debt and will pay 5H interest per annum' .ste$ania $iled $or t(e re"o)ery o$ pro"eeds' 3tty<s $ee redu"ed $rom 5&H to 1&H o$ t(e amount as damages' 3rt 55&M@5A' Hnite# 5enera" Dn#ustries v =a"er (19'2) aler boug(t a t) in instalment basis, and e>e"uted as promissory note and "(attel mortgage' aler )iolated t(e "ontra"t o$ mortgage, plainti$$ sued $or esta$a' 3tty<s $ees in"reased by 55& to 1#' 3rt 19 relate to 3rt 55&M @5A' aler wil$ully re$used to pay debt w(i"( (e "learly oug(t to (a)e paid' =e e)en imposed a burden on t(is Court by $iling an unne"essary and $ri)olous appeal' 2i<a" Suret+ M Dns v CA (1967) +mperial, "onsignee o$ C bales o$ "otton remnants, pro"ured insuran"e' T(e "otton is s(ipped by 8S 4ines' 8pon arri)al, /anila ort Ser)i"e @/ SA, arrastre operator gained "ustody o$ su"(' =owe)er, +mperial $ound t(at : were s(ort landed or s(ort deli)ered' ,i?al $or"ed to pay 1,:55':5' ,i?al subrogated t(e rig(ts o$ +mperial' +t as#ed reimbursement $rom 8S 4ines and / S as alternati)e de$endants' 8S 4ines "laims $or attorney<s $ees "laiming t(e suit was un$ounded' 3rt 55&M@5A not appli"able' 3ttorney<s $ees0 1' T(e litigation e>penses re"o)erable t(erein are t(ose in"urred in suing t(ird persons, upon t(e premise t(at su"( e>penses were unne"essary' T(e e>penses mentioned in t(e se"ond situation in said par' 5 are t(ere$ore nonlitigation9 ot(erwise, t(ere would (a)e been no *usti$i"ation $or t(e distin"tion' 5' T(e arti"le in 2uestion starts out wit( t(e general rule9 -+n t(e absen"e o$ stipulation, attorney's fees and expenses of litigation, ot(er t(an *udi"ial "osts, cannot be recovered ' ' '1ow a party sued in "ourt is "ompelled under pain o$ de$ault to be"ome a party de$endant eit(er ne"essarily or unne"essarily' +$ ne"essarily, he !annot re!over the attorne+8s %ees an# "iti-ation e$ enses in!urre# even if he should win, sin!e it is not the %a!t o% /innina"one that entit"es re!over+ o% su!h ite&s but rather the atten#an!e o% s e!ia" !ir!u&stan!es the enu&erate# e$!e tions in Arti!"e 220' in a##ition ' 7t(erwise, e)erytime a de$endant wins, automati"ally plainti$$ must pay attorney;s $ees, t(ereby putting a premium on t(e rig(t to litigate, w(i"( s(ould not be so' !or t(ose e>penses t(en, t(e law deems t(e award o$ "osts as 15 ; t h i " " o < a # a

su$$i"ient reimbursement' 7n t(e ot(er (and, i$ a party is unnecessarily made a de$endant it will not be par' 5 o$ t(e arti"le but par' : o$ t(e arti"le t(at will apply, be"ause t(e term -unne"essarily- "onnotes t(e idea t(at t(e "ause o$ a"tion against su"( party was clearly unfounded in t(e $irst pla"e' 3tty<s $ees o$ %&& to 8S 4ines was re)ersed' KClearly un$oundedE - "ause o$ a"tion must be so untenable as to amount to gross and e)ident bad $ait(' T(ere mig(t (a)e been su"( bad $ait( on petitioner;s part i$, it #new be$ore $iling t(e "omplaint against 8'S' 4ines t(at / S would admit liability' Tra#erCs 2o+a" v CA (1997) T,B ..s 8nion se"ured t(e ser)i"es o$ 3tty Cru?, and agreed a mont(ly retainer o$ %#' T(e union "laims $or (oliday, mid-year and year-end bonuses against T,B' But only t(e (oliday was granted to t(e union amounting to =175,79E7L2' T,B paid t(e amount to its employees' 3tty Cru? soug(t 1&H o$ award as attorney<s lien, w(i"( was granted by 14,C' 8nion protested alleging t(at attorney<s $ees s(ould (a)e been in"orporated in main "ase not a$ter $inal *udgment o$ SC' T(e de"ision "an no longer be altered' T(ere are two "ommonly a""epted "on"epts o$ attorney<s $ees, t(e so-"alled ordinary and e>traordinary' +n its 124D>A2B C1>C6=T, an attorne+Cs %ee is the reasonab"e !o& ensation ai# to a "a/+er b+ his !"ient %or the "e-a" servi!es he has ren#ere# to the "atter' T(e basis o$ t(is "ompensation is t(e %a!t o% his e& "o+&ent b+ an# his a-ree&ent /ith the !"ient' +n its .DT,37,D+13,G C71C. T, an attorne+Cs %ee is an in#e&nit+ %or #a&a-es or#ere# b+ the !ourt to be ai# b+ the "osin- art+ in a "iti-ation ' T(e basis o$ t(is is any o$ t(e "ases pro)ided by law w(ere su"( award "an be made, su"( as t(ose aut(ori?ed in 3rti"le 55&M, Ci)il Code, and is a+ab"e not to the "a/+er but to the !"ient, un"ess the+ have a-ree# that the a/ar# sha"" ertain to the "a/+er as a##itiona" !o& ensation or as art thereo%' ?hen the "abor arbiter or#ere# the a+&ent o% attorne+Cs %ees, he #i# not in an+ /a+ &o#i%+ the ,u#-&ent o% the Su re&e Court7 .)en t(oug( or, better stated, espe"ially a$ter its earlier de"ision (ad been re)iewed and partially a$$irmed' +t is well settled t(at a !"ai& %or attorne+Cs %ees &a+ be asserte# either in the ver+ a!tion in /hi!h the servi!es o% a "a/+er ha# been ren#ere# or in a se arate a!tion7

Torts and Damages Session 15-19 6it( respe"t to t(e $irst situation, the re&e#+ %or re!overin- attorne+Cs %ees as an in!i#ent o% the &ain a!tion &a+ be avai"e# o% on"+ /hen so&ethin- is #ue to the !"ient ' 3ttorney<s $ees "annot be determined until a%ter the &ain "iti-ation (as been de"ided and t(e sub*e"t o$ t(e re"o)ery is at the #is osition o% the !ourt' T(e issue o)er attorney<s $ees only arises w(en somet(ing (as been re"o)ered $rom w(i"( t(e $ee is to be paid' 6(ile a "laim $or attorney<s $ees may be $iled be$ore t(e *udgment is rendered, t(e determination as to t(e ro riet+ o% the %ees or as to the a&ount thereo% /i"" have to be he"# in abe+an!e unti" the &ain !ase %ro& /hi!h the "a/+erCs !"ai& %or attorne+Cs %ees &a+ arise has be!o&e %ina" ' 7t(erwise, t(e #eter&ination to be &a#e b+ the !ourts /i"" be re&ature7 1% !ourse, a etition %or attorne+Cs %ees &a+ be %i"e# be%ore the ,u#-&ent in %avor o% the !"ient is satis%ie# or the ro!ee#s thereo% #e"ivere# to the !"ient ' 9irestone Tire an# 2ubber Co v Chave< (1966) !irestone sued +nes C(a)e? $or t(e pri"e o$ automobile tires sold and deli)ered amounting to C,5:1'B5 plus interest and attorney<s $ees' C issued a "(e"# but was dis(onoured' in)oi"e stipulates t(at in "ase o$ suit, C agrees to pay 55H as attorney<s $ees and li2uidated damages' Attorne+Cs %ees /arrante#7 Art 220'7 7ne su"( "ase is w(ere t(e de$endant is guilty o$ --ross an# evi#ent ba# %aith in re%usin- to satis%+ "ainti%%8s "ain"+ va"i#, ,ust an# #e&an#ab"e !"ai&s' 3rti"le 19 related to 3rt 11B&' Bad $ait( is e)ident on t(e part o$ C(a)es be"ause o$ issuing a "(e"# wit( no $unds' Abro-ar v DAC (19'') - ,espondents was ordered to pay 3brogar 5,55% in a "i)il "ase' Be"ause o$ its $ailure to pay, its 5 land wort( B5# was le)ied and was sold at publi" au"tion but wit(out "onsent o$ So""oro Desear, one o$ t(e respondent' +t was sold $or only 5,55%' ,TC ruled t(at sale was null and )oid $or la"# o$ noti"e and awarded attorney<s $ees o$ 5#' 1o 3ttorney<s $ees' T(ere is neit(er an allegation nor e)iden"e to support t(e award o$ 5,&&&'&& by way o$ attorney;s $ees in $a)or o$ pri)ate respondents' The e$er!ise o% ,u#i!ia" #is!retion in the a/ar# o% attorne+8s %ees un#er Arti!"e 220' (ii) o% the >e/ Civi" Co#e #e&an#s a %a!tua", "e-a", an# eKuitab"e ,usti%i!ation7 ?ithout su!h ,usti%i!ation, the 1% ; t h i " " o < a # a

a/ar# is a !on!"usion /ithout a re&ise, its basis beini& ro er"+ "e%t to s e!u"ation an# !on,e!ture' 3ttorney;s $ees are re"o)erable not as a matter o$ rig(t' +t is t(e import o$ 3rti"le 55&M t(at t(e award o$ attorney;s $ees is an e>"eption and t(at t(e de"ision must "ontain an e>press $inding o$ $a"t to bring t(e "ase wit(in t(e e>"eption and *usti$y t(e grant o$ attorney;s $ees' -Just and e2uitable- under paragrap( 11, 3rti"le 55&M, 1ew Ci)il Code is not a matter o$ $eelings, but #e&onstration' T(e reason $or t(e award o$ attorney;s $ees must be stated in t(e te>t o$ t(e "ourt;s de"ision, ot(erwise, i% it is state# on"+ in the #is ositive ortion o% the #e!ision, the sa&e &ust be #isa""o/e# on a ea"' Antonio v Santos 3ntonio applied $or t(e registration o$ t(e 5 land pre)iously owned by (is $at(er' +t was granted and de"lared owner but (e $ound out t(at t(e lot is already registered to t(e respondents' 3 sued $or re"o)ery o$ land alleging t(at t(e title o$ respondents is )oid being pro"ured t(ru $raudulent misrepresentations and ma"(inations' ,espondent "laims in pea"e$ul possession o$ t(e property and 3ntonio ne)er possessed it' 3n award o$ moral damages is not warranted sin"e t(e re"ord is bere$t o$ any proo$ t(at 3ntonio a"ted mali"iously or in bad $ait( in $iling t(e a"tion' 1eit(er s(ould attorney<s $ees be awarded' T(e a""epted rule is t(at t(e reason %or the a/ar# o% attorne+Cs %ees &ust be state# in the te$t o% the tria" !ourtCs #e!isionI other/ise, i% it is state# on"+ in the #is ositive ortion o% the #e!ision, the sa&e &ust be #isa""o/e#' Bantoto v Bobis (1966) Valle*o owner o$ *eep, dri)en by Bobis stru"# % year old girl, daug(ter o$ Bantoto' T(e young girl died be"ause o$ serious in*uries' Bobis pleaded guilty to (omi"ide t(ru re"#less impruden"e' Bantoto $iled a motion to de"lared also t(e owner solidary responsible $or damages "i)il indemnity, moral and e>emplary damages' .>emplary damages improper' >o su!h #a&a-es /ere i& ose# on the #river, an# the &aster, as erson subsi#iari"+ "iab"e, !annot in!ur -reater !ivi" "iabi"it+ than his !onvi!te# e& "o+ee, an+ &ore than a -uarantor !an be he"# res onsib"e &ore than the rin!i a" #ebtor7 @3rt 5&C:A

Torts and Damages Session 15-19 3ttorney<s $ees o$ %# disallowed only 1#' Dri)er "annot pay be"ause i$ (e "ould, or i$ (e (ad money or le)iable property wort( t(at mu"(, (e must be operating (is own *eep' 3rt 55&M@9A' Session 17 Art 559, 1505, 2177 CCI Art 100-11L 2=CI Cases L11-L27, E26 s!ra 167, E27 s!ra E56 )artine< v Barre#o (19E') 3 ta>i, dri)en by Digman, owned by Barredo "ollided wit( t(e C(e)rolet "ar o$ /artine?' T(ey sued ea"( ot(er $or damages to property t(ru re"#less imprudent' =owe)er, Digman plead guilty' =e was ordered to pay /artines $or C&5'9B as indemnity' =e was unable to pay so / sued B $or subsidiary liability under 3rt 1&5-1&% , C' 6(et(er a *udgment o$ "on)i"tion senten"ing t(e de$endant to pay an indemnity is "on"lusi)e in an a"tion against (is employer $or en$or"ement o$ t(e latter;s subsidiary liability under arti"les 1&5 and 1&% o$ t(e ,e)ised enal CodeQ The ,u#-&ent o% !onvi!tion, in the absen!e o% an+ !o""usion bet/een the #e%en#ant an# the o%%en#e# art+, shou"# bin# the erson subsi#iar+ "iab"e ' 3 $inding o$ guilt in a "riminal "ase in w(i"( proo$ beyond reasonable doubt is ne"essary, s(ould be nulli$ied in a subse2uent "i)il a"tion re2uiring only preponderan"e o$ e)iden"e to support a *udgment, unless t(ose w(o support t(e "ontrary rule s(ould also (old t(at an absolution in a "i)il "ase will operate to automati"ally set aside t(e )erdi"t against t(e de$endant in a "riminal "ase' T(e employer "an not be said to (a)e been depri)e o$ (is day in "ourt, be"ause t(e situation be$ore us is not one w(erein t(e employer is sued $or a primary liability under arti"le 19&% o$ t(e Ci)il Code' The e& "o+er be!o&es ipso facto subsi#iar+ "iab"e u on his #river8s !onvi!tion an# u on roo% o% the "atter8s inso"ven!+, in the sa&e /a+ that a!Kuitta" /i es out not on"+ the e& "o+ee8s ri&ar+ !ivi" "iabi"it+ but a"so his e& "o+er8s subsi#iar+ "iabi"it+ %or su!h !ri&ina" ne-"i-en!e7 )4 Transit v CA (196') .pstein, plainti$$, was (it by a bus o$ /D transit dri)en by Sembrano' . su$$ered $ra"tures bones' S was $ound guilty o$ serious p(ysi"al in*uries t(ru re"#less impruden"e but no pronoun"ement o$ (is "i)il liability sin"e . reser)ed rig(t to $ile a separate "i)il a"tion $or damages' . sued S and /D Transit $or damages' 6(et(er t(e liability soug(t to be en$or"ed t(erein arises $rom a "rime, as "ontended by t(e plainti$$, or $rom a 2uasi-deli"t, as urged by appellantQ Deli"t 3rt 1&5-1&% , C Nuasi-deli"t 1: ; t h i " " o < a # a

.. primarily liable w(ile ., se"ondarily liable' T(e se"ondary nature o$ t(e latter;s obligation ne"essarily "onnotes t(at (is properties may not be le)ied upon, in pursuan"e o$ a writ o$ e>e"ution o$ t(e *udgment de"laring t(e e>isten"e o$ bot( liabilities, as long and so long as t(e ., "an point out properties o$ t(e .. w(i"( may be le)ied upon in satis$a"tion o$ said *udgment' T(us, t(e 668s so"ven!+ is &ere"+ a &atter o% defense /hi!h &a+ be avai"e# o% b+ the 62' +n t(e "riminal a"tion, (e (ad reser)ed t(e rig(t to see# indemnity in a separate "i)il a"tion T(e law aut(ori?ing t(e "ommen"ement o$ a "i)il a"tion based upon a liability arising $rom a "rime, e)en before t(e institution o$ t(e "riminal a"tion, ne"essarily implies t(at t(e rendition o$ a *udgment o$ "on)i"tion in t(e latter need not be alleged in t(e "i)il "omplaint' 1ot a de$ense diligen"e o$ .,' Judgment o$ "on)i"tion in t(e "riminal "ase against an .. is, not only admissible in e)iden"e in t(e "i)il "ase against t(e .,, but, also, conclusive upon his subsidiary liability arising $rom t(e ..;s "riminal liability'

rayer in t(e pleading ., KsolidarilyE liable wit( ..'

,eser)ation unne"essary i$ based on 2uasi deli"t

De$ense0 diligen"e sele"tion super)ision .,'

due o$ and o$

T(at -a"tual- damages and -"onse2uential damages- are dealt wit( in t(e Ci)il Code o$ t(e (ilippines under t(e same C(apter9 t(ereo$ t(at t(e two @5A terms are t(us used t(erein as e2ui)alent to one anot(er' 3rt 555& CC - -indemni$i"ation $or damages s(all "ompre(end not only t(e )alue o$ t(e loss su$$eredot(erwise #nown as -damnum emergens,- and alluded to in said de"ision as -a"tual damages- -but also t(at o$ t(e pro$its w(i"( t(e obligee $ailed to obtain- or -lu"rum "essans- or -"ompensatory damages,- pursuant to t(e same de"ision t(e distin"tion t(erein made appears to be in"onse2uential, inso$ar as t(e law and t(is "ase is "on"erned' Cere<o v Tua<on (200E) T(e tri"y"le was in its proper lane @Tua?onA' 6(ile Country Bus 4ines bus "ollided wit( a tri"y"le' /any died' Cere?o spouse was sued $or damages as owner o$

Torts and Damages Session 15-19 Country Bus 4ines wit( t(e dri)er' T was paralay?ed' +s t(e .. an indispensable party in re"o)er o$ damages against ., against a 2uasi-deli"t "ommitted by ..Q T(e same negligent a"t may produ"e "i)il liability arising $rom a deli"t under 3rti"le 1&% o$ t(e ,e)ised enal Code, or may gi)e rise to an a"tion $or a 2uasi-deli"t under 3rti"le 51M& o$ t(e Ci)il Code' An a--rieve# art+ &a+ !hoose bet/een the t/o re&e#ies7 An a!tion base# on a Kuasi-#e"i!t &a+ ro!ee# in#e en#ent"+ %ro& the !ri&ina" a!tion7 T(e "(oi"e o$ remedy, w(et(er to sue $or a deli"t or a 2uasi-deli"t, a$$e"ts t(e pro"edural and *urisdi"tional issues o$ t(e a"tion' N83S+-D.4+CT0 ., liability0 primary and dire"t' 6(ere t(ere is a solidary obligation on t(e part o$ debtors, as in t(is "ase, ea"( debtor is liable $or t(e entire obligation' 6ither o% the arties is in#is ensab"e, an# the other is not even a ne!essar+ art+ be!ause !o& "ete re"ie% is avai"ab"e %ro& either ' 6(en an employee "auses damage, t(e "a/ resu&es that the e& "o+er has hi&se"% !o&&itte# an a!t o% ne-"i-en!e in not reventin- or avoi#in- the #a&a-e' 1ot ne"essary to reser)e t(e $iling o$ separate "i)il a"tion sin"e liability is primary and dire"t $or (er own "i)il negligen"e' D.4+CT' T(e aggrie)ed party must initiate a "riminal a"tion w(ere t(e ..<s deli"t and "orresponding primary liability are establis(ed' +$ t(e present a"tion pro"eeds $rom a deli"t, t(en trial "ourt<s *urisdi"tion o)er .. is ne"essary' Ara&bu"o v )ani"a 6"e!tri! (19L0) 3 motorman wit( (is student was operating a street"ar wit( a speed o$ %5-:& #p(' T(ey saw an old woman but t(e student did not sla"#en speed and stru"# t(e old woman' /otorman sei?ed t(e (and gear and applied t(e bra#es but it was too late' T(e old woman died a$ter M days' T(e "ar e)en a$ter applying t(e bra#es tra)elled $or about 5&m' T(ey were (eld guilty o$ (omi"ide by simple negligen"e' 3rt 1&95 CC relate to 3rt 5& , C' 1' e>emption $rom "i)il liability in 3rt 19&% CC $or all w(o (a)e a"ted wit( t(e diligen"e o$ a good $at(er o$ a $amily, is not appli"able to t(e subsidiary "i)il liability pro)ided in 3rt 5& , C9 and 5' amount o$ t(e subsidiary "i)il liability "an in no "ase e>"eed t(at o$ t(e prin"ipal "i)il liability' =a,arito v Seneri$ (197') !elipe 3i?on owns a bus dri)en by Joselito 3i?on' T(e bus turned turtle and passengers @one is a*aritoA died' <s mot(er sued $or double (omi"ide t(ru re"#less 15 ; t h i " " o < a # a

impruden"e' Joselito was "on)i"ted and ordered to indemni$y t(e mot(er $or 15#' 3 writ o$ e>e"ution was unsatis$ied, so a subsidiary motion $or e>e"ution was $iled against !elipe' ! opposed t(e "laims alleging t(at (e is not t(e ., o$ Joselito and i$ (e is insol)ent, (e must su$$er subsidiary imprisonment' 3rt 1&& , C' T(e institution o$ t(e "riminal a"tion "arries wit( it t(e institution o$ t(e "i)il a"tion arising t(ere$rom, e>"ept w(en t(ere is a separate "i)il a"tion or reser)ation o$ t(e latter on t(e part o$ t(e "omplainant' Ci)il a"tion may be tried and prose"uted, wit( all t(e an"illary pro"esses pro)ided by law'Art 10L in re"ation to Art 102 o% 2=C %or an 62 to be subsi#iari"+ "iab"e %or 66Cs !ivi" "iabi"it+ in !ri&ina" a!tion: 1) 62 is en-a-e# in an+ .in# o% in#ustr+I 2) 66 !o&&itte# the o%%ense in the #is!har-e o% his #utiesI an# L) he is inso"vent an# has not satis%ie# his !ivi" "iabi"it+7 The subsi#iar+ !ivi" "iabi"it+ o% the e& "o+er, ho/ever, arises on"+ a%ter !onvi!tion o% the e& "o+ee in the !ri&ina" !ase' T(e en$or"ement o$ t(e employer;s subsidiary "i)il liability may be "on)eniently litigated wit(in t(e same pro"eeding be"ause t(e e>e"ution o$ t(e *udgment is a logi"al and integral part o$ t(e "ase itsel$' +ts proper aim is to $a"ilitate t(e appli"ation o$ *usti"e to t(e ri)al "laims o$ t(e "ontending parties' +t was "reated not to (inder and delay but to $a"ilitate and promote t(e administration o$ *usti"e'- +n pro"eedings to apply *usti"e, it is t(e duty o$ t(e "ourts *to assist the arties in obtainin- ,ust, s ee#+, an# ine$ ensive #eter&ination* o% their riva" !"ai&s ' Ba<a )ar.etin- Cor v Bo"inao Se!urit+ (19'2) Ba?a /ar#eting leased a part o$ t(e building o$ C(amber o$ Commer"e' CC signed a "ontra"t o$ se"urity wit( t(e respondent' !a*arillo was designated as guard in t(e premises o$ CC' 7ne day, ! "onspired wit( Se"reto, 1C-year-old outsider to steal o$$i"e e2uipments $rom Basa wort( 5,::&' ! was "on)i"ted wit( robbery' T(e writ o$ e>e"ution was unsatis$ied, so a subsidiary writ was $iled' 6(et(er Bolinao wL" $urnis(ed guards $or CC Building, w(erein Basa is one o$ t(e tenants, is subsidiarily liable $or t(e "i)il liability imposed on one o$ its se"urity guards, as pro)en t(at (e is insol)ent' Arti!"e 10L o% the 2evise# =ena" Co#e &a+ on"+ arise i% the e& "o+ee !o&&its the !ri&e o% /hi!h he /as %oun# -ui"t+ in "ine or in ursuan!e o% the #is!har-e o% his assi-ne# #uties7 3n employer will be (eld responsible $or any

Torts and Damages Session 15-19 misdeed t(at (is employee "ould (a)e done w(ile per$orming (is assigned tas#s' The statutor+ "i&itation that the !ri&e o% the e& "o+ee &ust have been !o&&itte# *in the #is!har-e o% his #uties* is !"ear"+ inten#e# to e$!"u#e !ri&es not re"ate# to the er%or&an!e o% the #uties assi-ne# to hi& b+ his e& "o+er7 +t is not "orre"t to say t(at t(e employer;s subsidiary liability will be imposed e)en w(en t(e a"t is not done in pursuan"e o$ t(e duties o$ t(e employee, t(e a"t o$ stealing not being in"luded in an employee;s assigned tas#s0 nor would an employer e)er in"lude among t(e duties o$ (is employee t(e "ommission o$ a "rime' C"e&ente v 9orei-n )ission Sisters (CA) Conne" Bros v A#una (1952) 3duna was a dri)er o$ .>-/eral"o ..s Transportation Company' =e bumped t(e "ar o$ Connel Bros Company and $ell into t(e "anal, w(ere Boomer and 1i"(ol were passengers and sustained in*uries' 3 separate "i)il a"tion $or damages was $iled against 3duna' 3duna was "on)i"ted wit( damage to property O serious p(ysi"al in*uries t(ru re"#less impruden"e' .>-/eral"o presented e)iden"e o$ t(eir e>er"ise o$ due diligen"e o$ good $amily in sele"ting and super)ising its ..s' 3rt 19&5-19&% CC' 4iability o$ .>-/eral"o only subsidiary' .)ery "i)il obligation arising $rom a "rime or misdemeanor is to be go)erned by t(e pro)isions o$ t(e penal "ode, t(en, inasmu"( as all a"ts or omissions "ausing damage to anot(er as a result o$ one;s $ault or negligen"e are punis(able by law' T(e remedy pro)ided by t(e ena" !o#e $or t(e re"o)ery o$ damages by t(e party damaged is more burdensome and di$$i"ult, parti"ularly in t(e amount or e$tent o% roo% to estab"ish (is rig(ts to damages, be"ause to establis( t(e guilt o$ t(e o$$ender guilty o$ negligen"e, roo% be+on# reasonab"e #oubt is reKuire#, w(ereas in a ure"+ !ivi" a!tion to re"o)er t(e same damages under 3rts' 19&5 and 19&% o$ t(e Ci)il Code, on"+ re on#eran!e o% the evi#en!e is re2uired' So, t(e "ourt in t(at "ase (eld t(at t(e o%%en#e# art+ see.in- #a&a-es has the ri-ht to !hoose bet/een a !ri&ina" a!tion an# a !ivi" suit ' Ga&e"o v Ser%ino (1972) ,egoles was dri)ing a tru"# o$ Ser$ino wit( (is "o-.. Jamelo "ollided wit( a par#ed tra"#' Jamelo died' Jamelo sued $or damages' T(e writ o$ e>e"ution was unsatis$ied' 3 motion o$ subsidiary liability to t(e owner was $iled' S was ad*uded liable $or M#' S "laims t(at t(ere being no *udgment in a "riminal "ase $iled against t(e dri)er ,egoles, S is not subsidiarily liable' 1C ; t h i " " o < a # a

K3 subsidiary "i)il liability in"ident to and dependent upon (is dri)er;s criminal negligen"e w(i"( is a proper issue to be tried and de"ided only in a criminal a"tion'- T(ere "an be no auto&ati! subsidiary "iabi"it+ o% #e%en#ant-62 un#er Arti!"e 10L 2=C /here his e& "o+ee has not been revious"+ criminally convicted' Cri&ina" !onvi!tion o% 66 is a !on#ition sine Kua non un#er 2=C' T(e plainti$$ in "ase at bar $iled an independent "i)il a"tion $or damages solely against t(e erring dri)er 3ntonio ,egoles based on (is "riminal negligen"e resulting in t(e deat( o$ plainti$$;s son and se"ured t(e M,&&&'&& damage *udgment against (im alone, w(i"( s(e "ould not "olle"t, (owe)er, due to (is insol)en"y' Su"( !ivi" ,u#-&ent is en%or!eab"e so"e"+ an# e$!"usive"+ a-ainst the on"+ #e%en#ant, 62 2e-o"es7 =hi" 2abbit Bus 3ines v =eo "e (200E) ,oman was "on)i"ted o$ re"#less impruden"e' 3rt 1&5, 1&% , C' Ci)il a"tions in 3rt %5-%: and 3rt 51BC CC' s(all remain -separate, distin"t and independent- o$ any "riminal prose"ution based on t(e same a"t' =ere are some dire"t "onse2uen"es o$ su"( re)ision and omission0 1' T(e rig(t to bring t(e $oregoing a"tions based on t(e Ci)il Code need not be reser)ed in t(e "riminal prose"ution, sin"e t(ey are not deemed in"luded t(erein' 5' T(e institution or t(e wai)er o$ t(e rig(t to $ile a separate "i)il a"tion arising $rom t(e "rime "(arged does not e>tinguis( t(e rig(t to bring su"( a"tion' %' T(e only limitation is t(at t(e o$$ended party "annot re"o)er more t(an on"e $or t(e same a"t or omission' 6(at is #ee&e# institute# in ever+ !ri&ina" rose!ution is the !ivi" "iabi"it+ arisin- %ro& the !ri&e or #e"i!t er se (!ivi" "iabi"it+ ex delicto), but not those "iabi"ities arisin- %ro& Kuasi-#e"i!ts, !ontra!ts or Kuasi!ontra!ts' .,s are not parties to t(e "riminal "ases instituted against t(eir employees' 3lt(oug( in substan"e and in e$$e"t, t(ey (a)e an interest t(erein, t(is $a"t s(ould be )iewed in t(e lig(t o$ t(eir subsidiary liability' 6(ile t(ey may assist t(eir employees to t(e e>tent o$ supplying t(e latters lawyers, as in t(e present "ase, t(e $ormer "annot a"t independently on t(eir own be(al$, but "an only de$end t(e a""used' Con)i"tion o$ .. binds ., subsidiarily' T(e subsidiary liability o$ petitioner is in"idental to and dependent on t(e pe"uniary "i)il liability o$ t(e a""used-employee' Sin"e t(e "i)il liability o$ t(e latter (as be"ome $inal and en$or"eable by reason o$

Torts and Damages Session 15-19 (is $lig(t, t(en t(e $ormers subsidiary "i)il liability (as also be"ome immediately en$or"eable' To allow employers to dispute t(e "i)il liability $i>ed in a "riminal "ase would enable t(em to amend, nulli$y or de$eat a $inal *udgment rendered by a "ompetent "ourt' T(e resolution o$ t(ese issues need not be done in a separate "i)il a"tion' But t(e determination must be based on t(e e)iden"e t(at t(e o$$ended party and t(e employer may $ully and $reely present' +n a (earing set $or t(at pre"ise purpose, wit( due noti"e to t(e employer, as part o$ t(e pro"eedings $or t(e e>e"ution o$ t(e *udgment' GoaKuin v An!ieto (196E) ilar Joa2uin, on t(e sidewal#, was (it by 3ni"eto w(ile dri)ing t(e ta>i o$ ,odelas' 3 was $ound guilty o$ serious p(ysi"al in*uries t(ru re"#less impruden"e' J reser)ed t(e rig(t to $ile a separate "i)il a"tion $or damages' J sued $or damages against t(e dri)er and owner pending "riminal "ase' /ay an ..<s primary "i)il liability $or "rime and (is .,<s subsidiary liability t(ere$or be pro)ed in a separate "i)il a"tion e)en w(ile t(e "riminal "ase against .. is still pendingQ See a*arito ) Seneri> $or t(e % re2uisites $or an ., to be (eld subsidiarily liable' 6it(out t(e "on)i"tion o$ t(e employee, t(e employer "annot be subsidiarily liable' 3ny a"tion broug(t against (im be$ore su"( is premature' 3rt %% , C only applies to an a"tion against .. on (is primary "i)il liability' Con)i"tion is a "ondition sine 2ua non $or t(e .,<s subsidiary liability' +n "ases o$ negligen"e, t(e in*ured party or (is (eirs (as t(e "(oi"e, between an a"tion to en$or"e t(e "i)il liability arising $rom "rime under 3rti"le 1&& o$ t(e ,e)ised enal Code and an a"tion $or quasi-delict under 3rti"les 51BC-519: o$ t(e Ci)il Code' 4e "os Santos v Tan @he+ (CA) Stein&et< v Va"#e< 2E9

t(ere may be "i)il liability be"ause o$ a"ts ordinarily punis(able, alt(oug( t(e law (as de"lared t(eir perpetrators e>empt $rom "riminal liability' Su"( is t(e !ase o% a "unati! or insane erson w(o, in spite o$ (is irresponsibility on a""ount o$ t(e deplorable "ondition o$ (is deranged mind, is still reasonably and *ustly liable wit( (is property $or t(e "onse2uen"es o$ (is a"ts, e)en t(oug( t(ey be per$ormed unwittingly, $or t(e reason t(at his %e""o/s ou-ht not to su%%er %or the #isastrous resu"ts o% his har&%u" a!ts &ore than is ne!essar+, in s ite o% his un%ortunate !on#ition' .)en w(en t(ey (old t(e a""used e>empt $rom "riminal liability, must $i> t(e "i)il liability o$ t(e persons "(arged wit( wat"(ing o)er and "aring $or (im @guardiansA or t(e liability o$ t(e demented person (imsel$ wit( (is property $or reparation o$ t(e damage and indemni$i"ation $or t(e (arm done, unless t(e o$$ended party or t(e (eirs o$ t(e person murdered e>pressly renoun"e su"( reparation or indemni$i"ation' Te"eria v 5ar!ia (CA) 250

HS v Ba--a+ (1911) /any people was gat(ered in Baggay<s (ouse $or a song ser)i"e Kbuni,E Tingguian "ustom' Baggay, wit(out pro)o"ation suddenly atta"#ed a woman, Bil-liingan wit( a bolo and wounded (er (ead and also in$li"ted wounds to 5 ot(er women in"luding (er mot(er' =e was de"lared e>empt $rom "riminal liability be"ause o$ insanity but was obligated to indemni$y (eirs o$ murdered woman, 1#' Ci)il liability a""ompanies "riminal liability, be"ause e)ery person liable "riminally $or a "rime or misdemeanor is also liable $or reparation o$ damage and $or indemni$i"ation o$ t(e (arm done, but 1B ; t h i " " o < a # a

5eneroso v Hnivesa" Te$ti"e )i""s (19'0) /ar"elo Jeneroso, wor#ing in t(e wea)ing department in 8ni)ersal Te>tile, was stabbed to deat( by "o-.., 4ebantino w(ile 4 was per$orming (is duties' 4 was "on)i"ted $or (omi"ide and senten"ed to pay C#' 4 was unable to pay' =eirs o$ J re"ei)ed $rom t(e "ompany 5,5C9'%C as wor#men<s "ompensation @6CA' +s t(e ., w(o already paid 6C to (eirs o$ an .., w(o was #illed by (is "o-.., is still liable to pay to t(e same (eirs t(e subsidiary "i)il liability under 3rt 1&% o$ , C' Se"tions 5 and C o$ t(e 6or#men;s Compensation 4aw and arti"les 1&5 and 1&% o$ t(e ,e)ised enal Code are statutes in pari materia' T(ey s(ould be "onstrued toget(er' +n )iew o$ t(e te>tile "orporation;s payment o$ wor#men;s "ompensation, its obligation to pay, in a subsidiary "apa"ity @or in de$ault o$ t(e #illerA, t(e "i)il indemnity ad*udged against (im in t(e "riminal "ase, was e>tinguis(ed' T(e instant "ase is an e>"eption to t(e rule in arti"le 1&% o$ t(e ,e)ised enal Code' T(eir remedies were alternati)e and "ould not be "laimed simultaneously' =a)ing opted $or wor#men;s "ompensation, t(ey are bound by t(at ele"tion o$ remedy and are estopped to "laim ot(er remedies' T(e in*ured employee w(o sustains a "ompensable personal in*ury (as t(e option0 1' to "laim wor#men;s "ompensation or

Torts and Damages Session 15-19 5' to sue $or damages t(e person responsible $or t(e personal in*ury' =a)ing paid wor#men;s "ompensation, t(e employer is subrogated ipso jure to t(e rig(t o$ t(e (eirs to "laim "i)il liability $rom t(e aut(or o$ t(e (omi"ide' +nstead o$ being liable $or t(e indemnity, t(e employer, as subrogee, is entitled to re"o)er it $rom t(e "on)i"ted #iller o$ t(e employee' 3ny e>"ess in t(e re"o)ery would be paid by t(e ., to t(e Kin*ured .. or any ot(er person entitled t(ereto, a$ter dedu"tion o$ t(e e>penses o$ t(e ., and t(e "osts o$ t(e pro"eedings' )iran#a v )a"ate 5ara-e (1956) 3 "ollision o""urred between /iranda, owner o$ Studeba#er "ar and ,amos, dri)er o$ /alate Jarage' , plead guilty and was senten"ed to pay 5,%1M':&' /alate was ordered to pay t(e indemnity' / admitted to be ,<s ., but denied ot(er allegations' +n allowing t(e "ase to be submitted $or de"ision' +n allowing t(e "ase to be submitted $or de"ision wLo gi)ing said de$endant an opportunity to "ross-e>amine t(e plainti$$ regarding (is "laim $or damages be"ause su"( "laim was ne)er admitted as in $a"t denied w(en its answer it stated t(at it did not (a)e su$$i"ient #nowledge or in$ormation to $orm a belie$ as to t(e trut( t(ereo$' The #e!ision in !ri&ina" !ase is bin#in- an# !on!"usive u on the #e%en#ant not on"+ /ith re-ar# to its !ivi" "iabi"it+ but a"so /ith re-ar# to its a&ount be!ause the "iabi"it+ o% an 62 !annot be se arate# but %o""o/s that o% his 66' T(at is w(y t(e law says t(at (is liability is subsidiary' To allow to dispute t(e "i)il liability $i>ed in t(e "riminal "ase would be to amend, nulli$y or de$eat a $inal *udgment rendered by a "ompetent "ourt' 6(ile stri"tly spea#ing, an ., is not a party to t(e "riminal "ase instituted against (is .., it is (is "on"ern, as well as o$ (is .., to see to it t(at (is interest be prote"ted in t(e "riminal "ase by ta#ing )irtual parti"ipation in t(e de$ense o$ (is ..' +$ be"ause o$ (is indi$$eren"e or ina"tion t(e .. is "on)i"ted and damages are awarded against (im, (e "annot later be (eard to "omplain, i$ broug(t to "ourt $or t(e en$or"ement o$ (is subsidiary liability, t(at (e was not gi)en (is day in "ourt' Bantoto v Bobis (1966) Valle*o owner o$ *eep, dri)en by Bobis stru"# % year old girl, daug(ter o$ Bantoto' T(e young girl died be"ause o$ serious in*uries' Bobis pleaded guilty to (omi"ide t(ru re"#less impruden"e' Bantoto $iled a motion to de"lared also t(e 1M ; t h i " " o < a # a

owner solidary responsible $or damages "i)il indemnity, moral and e>emplary damages' Bobis was insol)ent' .>emplary damages improper' >o su!h #a&a-es /ere i& ose# on the #river, an# the &aster, as erson subsi#iari"+ "iab"e, !annot in!ur -reater !ivi" "iabi"it+ than his !onvi!te# e& "o+ee, an+ &ore than a -uarantor !an be he"# res onsib"e &ore than the rin!i a" #ebtor7 @3rt 5&C:A +n 3rt 1&%, insol)en"y o$ ser)ant not mentioned' Su"( insol)en"y is re2uired only w(en t(e liability o$ t(e master is being made e$$e"ti)e by e>e"ution le)y, but not $or t(e rendition o$ *udgment against t(e master' T(e subsidiary "(ara"ter o$ t(e employer;s responsibility merely imports t(at t(e latter;s property is not be sei?ed wit(out $irst e>(austing t(at o$ t(e ser)ant' 3nd by analogy to a regular guarantor @w(o is t(e prototype o$ persons subsidiarily responsibleA, t(e master may not demand prior e>(austion o$ t(e ser)ant;s @prin"ipal obligor;sA properties i$ (e "an not -point out to t(e "reditor a)ailable property o$ t(e debtor wit(in (ilippine territory, su$$i"ient to "o)er t(e amount o$ t(e debt- @ Cf' Ci)il Code, 3rti"le 1&C&A' T(is rule is logi"al, $or as between t(e o$$ended party @as "reditorA and t(e "ulprit;s master or employer, it is t(e latter w(o is in a better position to determine t(e resour"es and sol)en"y o$ t(e ser)ant or employee' 2a&ire< v Bat!o (196L) T(e 7ldsmobile "ar by Bul#ley, Dunton aper Co disappeared and was sei?ed $rom ,amire? w(i"( (e allegedly boug(t $rom Bara"( /otor' ,eyes was sued $or 2uali$ied t(e$t' +SS8.0 3rt 1&5 , C' Said arti"le pro)ides t(at t(e restitution o$ t(e t(ing itsel$ s(all be made by t(e "ourt w(ene)er possible, e)en t(oug( it b e $ound in t(e possession o$ a t(ird person w(o (as a"2uired it by law$ul means, sa)ing only to t(e latter t(e a"tion (e may (a)e against t(e proper person w(o may be (eld liable to (im' T(e only e>"eption is w(en t(e t(ing (as been a"2uired by a t(ird person in a manner w(i"( bars its re"o)ery' +n "ase at bar, t(ere is no "laim t(at petitioner $alls wit(in t(e e>"eption' Session 1' Art 29-L5, 2177I 22 o% Cri& =ro, 2u"e 111, Se! 1-5, Cases L2'-LE' Barre#o v 5ar!ia an# A"&ario (19E2) Jar"ia, 1C year old died w(ile riding a "arretela w(en it "ollided wit( a ta>i dri)en by !ontanilla' ! "on)i"ted in "riminal "ase, parents o$ )i"tim $iled a rig(t to reser)ed a separate "i)il a"tion' arents sued owner o$ ta>i, Barredo as ., $or damages' ! is negligent $or t(e mis(ap be"ause

Torts and Damages Session 15-19 (e was dri)ing on t(e wrong side o$ t(e road at (ig( speed' B "laims t(at (is liability is only subsidiary under , C, (e "annot be liable be"ause ! was not in"luded as de$endant' 3 quasi-delict or -culpa aquiliana - is a separate legal institution under t(e Ci)il Code wit( a substanti)ity all its own, and indi)iduality t(at is entirely apart and independent $rom deli"t or "rime' 8pon t(is prin"iple and on t(e wording and spirit arti"le 19&% o$ t(e Ci)il Code, t(e primary and dire"t responsibility o$ employers may be sa$ely an"(ored' T(e same negligent a"t "ausing damages may produ"e "i)il liability arising $rom a "rime under arti"le 1&& o$ t(e ,e)ised enal Code, or "reate an a"tion $or cuasi-delito or culpa extra-contractual under arti"les 19&5-191& o$ t(e Ci)il Code' Some o$ t(e di$$eren"es between "rimes under t(e enal Code and t(e culpa aquiliana or cuasi-delito under t(e Ci)il Code are0 1' T(at "rimes a$$e"t t(e publi" interest, w(ile cuasi-delitos are only o$ pri)ate "on"ern' 5' T(at, "onse2uently, t(e enal Code punis(es or "orre"ts t(e "riminal a"t, w(ile t(e Ci)il Code, by means o$ indemni$i"ation, merely repairs t(e damage' %' T(at deli"ts are not as broad as 2uasi-deli"ts, be"ause t(e $ormer are punis(ed only i$ t(ere is a penal law "learly "o)ering t(em, w(ile t(e latter, cuasi-delitos, in"lude all a"ts in w(i"( -any #ing o$ $ault or negligen"e inter)enes'=owe)er, it s(ould be noted t(at not all )iolations o$ t(e penal law produ"e "i)il responsibility, su"( as begging in "ontra)ention o$ ordinan"es, )iolation o$ t(e game laws, in$ra"tion o$ t(e rules o$ tra$$i" w(en nobody is (urt' T(e title upon w(i"( t(e a"tion $or reparation is based "annot be "on$used wit( t(e "i)il responsibilities born of a crime, be"ause t(ere e>ists in t(e latter, w(ate)er ea"( nature, a culpa surrounded wit( aggra)ating aspe"ts w(i"( gi)e rise to penal measures t(at are more or less se)ere' T(e in*ury "aused by a $elony or misdemeanor upon "i)il rig(ts re2uires restitutions, reparations, or indemni$i"ations w(i"(, li#e t(e penalty itsel$, a$$e"t publi" order9 $or t(is reason, t(ey are ordinarily entrusted to t(e o$$i"e o$ t(e prose"uting attorney9 and it is "lear t(at i$ by t(is means t(e losses and damages are repaired, t(e in*ured party no 19 ; t h i " " o < a # a

longer desires to see# anot(er relie$9 but t(is "oin"iden"e o$ e$$e"ts does not eliminate t(e pe"uliar nature o$ "i)il a"tions to as# $or indemnity' The a!tion !an be brou-ht #ire!t"+ a-ainst the erson res onsib"e (%or another), /ithout in!"u#in- the author o% the a!t7 The a!tion a-ainst the rin!i a" is a!!essor+ in the sense that it i& "ies the e$isten!e o% a re,u#i!ia" a!t !o&&itte# b+ the e& "o+ee, but it is not subsi#iar+ in the sense that it !annot be institute# ti"" a%ter the ,u#-&ent a-ainst the author o% the a!t or at "east, that it is subsi#iar+ to the rin!i a" a!tionI the a!tion %or res onsibi"it+ (o% the e& "o+er) is in itse"% a rin!i a" a!tion7 5 *urisdi"tions (ad ta#en "ogni?an"e o$ t(e same a"t in its di$$erent aspe"ts' 3rt %C5 , C punis(es not only re"#less but also simple negligen"e' To $ind t(e a""used guilty in a "riminal "ase, proo$ o$ guilt beyond reasonable doubt is re2uired, w(ile in a "i)il "ase, preponderan"e o$ e)iden"e is su$$i"ient to ma#e t(e de$endant pay in damages' To (old t(at t(ere is only one way to ma#e de$endant;s liability e$$e"ti)e, and t(at is, to sue t(e dri)er and e>(aust (is @t(e latter;sA property $irst, would be tantamount to "ompelling t(e plainti$$ to $ollow a de)ious and "umbersome met(od o$ obtaining relie$' ,3T+7134.0 to $a"ilitate remedy $or "i)il wrongs, be"ause t(e pro"edure indi"ated by t(e de$endant is waste$ul and produ"ti)e o$ delay' 3rt 51M&0 to prote"t so"iety' Dt is the &asters or e& "o+ers /ho rin!i a""+ rea the ro%its resu"tin- %ro& the servi!es o% these servants an# e& "o+ees ' +t is but rig(t t(at t(ey s(ould guarantee t(e latter;s "are$ul "ondu"t $or t(e personnel and patrimonial sa$ety o$ ot(ers' Be%ore thir# ersons the e& "o+er an# e& "o+ee be!o&e as one ersona"it+ b+ the &er-in- o% the erson o% the e& "o+ee in that o% hi& /ho e& "o+s an# uti"i<es hi&' Chan v Bat!o (195') (il ,abbit<s bus "ollided wit( par#ed tru"#' 5 (elpers O dri)er o$ tru"# was in*ured' +n t(e bus, M died, 5& passenger in*ured' T(e "argo o$ tru"# was also damaged @sa"#s o$ "lean ri"e and ti2ui-ti2uiA etitioner, owner o$ tru"# $iled a suit $or damages in tru"#, "argo and "onse2uential losses, salaries o$ ..s during in"apa"ity' T(e "i)il "ase was suspended pending *udgment o$ "riminal "ase pre)iously $iled' T(e "i)il a"tion $or damages "ould be based on 2uasi-deli"t, w(i"( is di$$erent and independent $rom "i)il liability arising out o$ "riminal negligen"e under , C' +t is an in#e en#ent ,u#i!ia"

Torts and Damages Session 15-19 institution se arate %ro& !ivi" "iabi"it+ arisin- %ro& !ri&e7 Su!h !ivi" a!tion &a+ ro!ee# in#e en#ent"+ o% the !ri&ina" ro!ee#in-s an# re-ar#"ess o% the resu"t o% the "atter ' =a#ua v 2ob"es (1975) Ta>i dri)en by un?alan, owned by ,obles (it a 1&-year old son o$ petitioners' T(e "(ild was dragged by :&m' aduas sued $or damages and $is"al also "(arged un?alan wit( (omi"ide t(ru re"#less impruden"e' Ci)il Case, un?alan was ordered to pay, in "rim "ase, (e was also "on)i"ted but "i)il liability already assessed in "i)il "ase' aduas was unable to "olle"t $rom un?alan so adua $iled a motion to en$or"e subsidiary liability against ,obles, .,' Does t(e "rim "ase in"lude "i)il liabilityQ Ci)il liability "oe>ists wit( "riminal responsibility' +n negligen"e "ases t(e o$$ended party @or (is (eirsA (as t(e option between an a"tion $or en$or"ement o$ "i)il liability based on culpa criminal under arti"le 1&& o$ t(e ,e)ised enal Code and an a"tion $or re"o)ery o$ damages based on culpa aquiliana under arti"le 51BB o$ t(e Ci)il Code' T(e a"tion $or en$or"ement o$ "i)il liability based on culpa criminal se"tion 1 o$ ,ule 111 o$ t(e ,ules o$ Court deems simultaneously instituted wit( t(e "riminal a"tion, unless e>pressly wai)ed or reser)ed $or a separate appli"ation by t(e o$$ended party' 3rti"le 51BB o$ t(e Ci)il Code, (owe)er, pre"ludes re"o)ery o$ damages twi"e $or t(e same negligent a"t or omission' 3llowan"e o$ t(e appli"ation o$ subsidiary liability in)ol)es no )iolation o$ t(e pros"ription against double re"o)ery o$ damages $or t(e same negligent a"t or omission' 3rti"le 51BB o$ t(e Ci)il Code $orbids a"tual double re"o)ery o$ damages $or t(e same negligent a"t or omission' A!e 0au"ers Cor v CA (2000) Tru"#, dri)er De la Cru?, owner 3"e =auler9 Jeep dri)er arma, owner ,i)era' 3 motor"y"le, 3bi)a dri)ing was dragged by *eep towards t(e tru"#' T(e tru"# ran o)er t(e motor"y"le and 3bi)a died' 3 "riminal "ase was $iled against De la Cru? and arma w(ile pending "i)il "ase' 3"e and De la Cru? $iled a motion to dismiss w(ile "riminal "ase is pending in)o#ing t(at $iling o$ independent "i)il a"tion arising $rom 2uasi-deli"t is no longer allowed and "i)il aspe"t is already in"luded wit( "riminal "ase' 3 separate "i)il a"tion $or damages lies against t(e o$$ender in a "riminal a"t, w(et(er or not (e is "riminally prose"uted and $ound guilty or a"2uitted, pro)ided t(at t(e o$$ended party is not allowed, i$ (e is a"tually "(arged also "riminally, to re"o)er damages on bot( s"ores, and would be entitled in su"( e)entuality only to t(e bigger award o$ t(e two, assuming t(e awards made in t(e two "ases )ary' +n "ase at bar, it (as not been s(own t(at 5& ; t h i " " o < a # a

3bi)a<s wi$e (as re"o)ered on t(e award in t(e "riminal "ase, "onse2uently, s(e "an un2uestionably re"o)er $rom petitioner in t(e "i)il "ase' Sa%e-uar# Se! Dn! v Tan-!o (2006) Tang"o went to a ."ology Ban# to renew (er time deposit' S(e was also a li"ensed to "arry $irearms' S(e deposited it to t(e se"urity guard, a*arillo' suddenly s(ot T in (er abdomen wit( (is ser)i"e s(otgun' T instantly died' =er (usband $iled a "riminal "ase o$ (omi"ide and reser)ed rig(t to $ile a separate "i)il a"tion in t(e said "riminal "ase' =e was "on)i"ted' 3 "i)il "ase was $iled $or damages against a*arillo and its ., Sa$eguard $or $ailing to obser)e due diligen"e' Sa$eguard "laims due diligen"e in sele"tion and super)ision and t(e a"t o$ was only on sel$-de$ense' ,TC ordered to pay damages sin"e did not report t(e in"ident to (ead o$$i"e or poli"e t(e T was roaming around t(e area prior to t(e s(ooting' ,TC0 ., solidarily liable' C30 subsidiary only' Se" 1, ,ule 111 o$ Crim ro 3n a"t or omission "ausing damage to anot(er may gi)e rise to two separate "i)il liabilities on t(e part o$ t(e o$$ender, i'e', 1' "i)il liability e> deli"to, under 3rti"le 1&& o$ t(e ,e)ised enal Code9 5' independent "i)il liabilities, su"( as t(ose a' not arising $rom an a"t or omission "omplained o$ as a $elony, e.g., culpa "ontra"tual or obligations arising $rom law under 3rti"le %1 o$ t(e Ci)il Code, intentional torts under 3rti"les %5 and %:, and culpa aquiliana un#er Arti!"e 2176 o% the Civi" Co#eI or b' w(ere t(e in*ured party is granted a rig(t to $ile an a"tion independent and distin"t $rom t(e "riminal a"tion under 3rti"le %% o$ t(e Ci)il Code' .it(er o$ t(ese liabilities may be en$or"ed against t(e o$$ender sub*e"t to t(e "a)eat under 3rti"le 51BB o$ t(e Ci)il Code t(at t(e o$$ended party "annot re"o)er damages twi"e $or t(e same a"t or omission or under bot( "auses' +t is important to determine t(e nature o$ respondents; "ause o$ a"tion' T(e nature o$ a "ause o$ a"tion is determined by t(e $a"ts alleged in t(e "omplaint as "onstituting t(e "ause o$ a"tion' T(e purpose o$ an a"tion or suit and t(e law to go)ern it is

Torts and Damages Session 15-19 to be determined not by t(e "laim o$ t(e party $iling t(e a"tion, made in (is argument or brie$, but rat(er by t(e "omplaint itsel$, its allegations and prayer $or relie$' -> > > Arti!"e 2176, /here it re%ers to *%au"t or ne-"i-en!e,* !overs not on"+ a!ts *not unishab"e b+ "a/* but a"so a!ts !ri&ina" in !hara!ter, /hether intentiona" an# vo"untar+ or ne-"i-ent7 Conse2uently, a separate "i)il a"tion lies against t(e o$$ender in a "riminal a"t, w(et(er or not (e is "riminally prose"uted and $ound guilty or a"2uitted, pro)ided t(at t(e o$$ended party is not allowed, i$ (e is a"tually "(arged also "riminally, to re"o)er damages on bot( s"ores, and would be entitled in su"( e)entuality only to t(e bigger award o$ t(e two, assuming t(e awards made in t(e two "ases )ary' +n ot(er words, t(e e>tin"tion o$ "i)il liability re$erred to in ar' @eA o$ Se"tion %, ,ule 111, re$ers e>"lusi)ely to "i)il liability $ounded on 3rti"le 1&& o$ t(e ,e)ised enal Code, w(ereas t(e "i)il liability $or t(e same a"t "onsidered as 2uasi-deli"t only and not as a "rime is not e>tinguis(ed e)en by a de"laration in t(e "riminal "ase t(at t(e "riminal a"t "(arged (as not (appened or (as not been "ommitted by t(e a""used' Brie$ly stated, 6e (ere (old, in reiteration o$ Jar"ia, t(at "ulpa a2uiliana in"ludes )oluntary and negligent a"ts w(i"( may be punis(able by law'- @.mp(asis suppliedA T(e sour"e o$ t(e obligation soug(t to be en$or"ed in t(e "i)il "ase is a quasi-delict not an a"t or omission punis(able by law' +n "ases o$ negligen"e, t(e in*ured party or (is (eirs (as t(e "(oi"e between an a"tion to en$or"e t(e "i)il liability arising $rom "rime under 3rti"le 1&& o$ t(e ,e)ised enal Code and an a"tion $or quasi-delict under 3rti"le 51BC-519: o$ t(e Ci)il Code' +$ a party "(ooses t(e latter, (e may (old t(e employer solidarily liable $or t(e negligent a"t o$ (is employee, sub*e"t to t(e employer;s de$ense o$ e>er"ise o$ t(e diligen"e o$ a good $at(er o$ t(e $amily' +n t(e "ase at bar, t(e a"tion $iled by appellant was an a"tion $or damages based on quasi-delict' The %a!t that a e""ants reserve# their ri-ht in the !ri&ina" !ase to %i"e an in#e en#ent !ivi" a!tion #i# not re!"u#e the& %ro& !hoosin- to %i"e a !ivi" a!tion %or quasi-delict7R5&S @.mp(asis suppliedA =ar.er v =an"i"io an# =A3 (1952) ar#er was a passenger in a 34 plane w(i"( e>ploded in mid-air' sued $or damages o$ 1&&# against 34 $or not bringing (im sa$ely to /anila' T(e "ase was suspended upon penden"y o$ "rim "ase' 51 ; t h i " " o < a # a

T(e "i)il "ase is based on alleged culpa contractual in"urred by respondent (ilippine 3ir 4ines, +n"' be"ause o$ its $ailure to "arry sa$ely t(e late ,i"(ard ar#er to (is pla"e o$ destination, w(ereas t(e "riminal "ase in)ol)es t(e "i)il liability o$ t(e a""used, w(o bear no relation w(atsoe)er wit( said entity, and are "omplete strangers to it' ,ule 1&B "ontemplates a "ase w(ere t(e o$$ended party desires to press (is rig(t to demand indemnity $rom t(e a""used in t(e "riminal "ase or in a separate a"tion' But t(is situation does not (ere obtain' The %ai"ure to reserve the ri-ht to institute a se arate !ivi" a!tion in the !ri&ina" !ase /ou"# not ne!essari"+ !onstitute a bar to the institution o% the !ivi" a!tion a-ainst res on#ent, %or the !ause o% a!tion in one is #i%%erent %ro& that in the other' T(ese are two independent a"tions based on distin"t "auses o$ a"tion' Bit in t(is "ase, t(e !ivi" !ase is #ire!t"+ intero/ner /ith the !ri&ina" !ase in t(e sense t(at t(e main issue in)ol)ed in bot( "ases is t(e #eter&ination o% the %ai"ure o% #e!ease# assen-er to rea!h sa%e"+ to (is destination or t(e determination o$ t(e "ause o$ (is deat(, ,TC "orre"t in suspending "i)il "ase' 3anu<a v =in- (19'0) !reig(t tru"# owned by ing, dri)en by /endo?a rammed in a residential (ouse and store o$ 4anu?o' +t was "ompletey ra?ed to ground' 4 sued $or damages against ing and /endo?a due to re"#less negligen"e o$ dri)er' De$endants $iled a motion to dismiss sin"e a "riminal "ase $or damage to property t(ru re"#less impruden"e pending between same parties $or same "ause' T(e institution o$ a "riminal a"tion "annot (a)e t(e e$$e"t o$ interrupting t(e "i)il a"tion based on quasi-delict. 3nd t(e separate "i)il a"tion $or quasi-delict may pro"eed independently and regardless o$ t(e result o$ t(e "riminal "ase, e>"ept t(at a plainti$$ "annot re"o)er damages twi"e $or t(e same a"t or "ommission o$ t(e de$endant' T(e "i)il a"tion re$erred to in Se"tions %@aA and @bA o$ ,ule 111 o$ t(e ,ules o$ Court, w(i"( s(ould be suspended a$ter t(e institution o$ t(e "riminal a"tion, is t(at arising $rom deli"t, and not t(e "i)il a"tion based on quasi-delict or culpa aquiliana. But alt(oug( t(e employer is solidarity liable wit( t(e employee $or damages, t(e employer may demand reimbursement $rom (is employee @dri)erA $or w(ate)er amount t(e employer will (a)e to pay t(e o$$ended party to satis$y t(e latter;s "laim'

Torts and Damages Session 15-19 Virata v 1!hoa (197') Virata "ollided wit( *eep owned by 7"(oa, dri)en by Borilla' 3 "riminal "ase was $iled against B' T(e (eirs o$ V reser)ed a rig(t to institute separate "i)il a"tion' T(ey $iled a "i)il "ase $or damages based on 2uasi-deli"t against 7 and B' ,TC a"2uitted B in "rim "ase on t(e ground o$ mere a""ident' T(e "i)il "ase was also dismissed be"ause o$ t(e a"2uittal' +n negligen"e "ases t(e aggrie)ed parties may "(oose between an a"tion under t(e ,e)ised enal Code or o$ 2uasi-deli"t under 3rti"le 51BC o$ t(e Ci)il Code o$ t(e (ilippines' 6(at is pro(ibited by 3rti"le 51BB o$ t(e Ci)il Code o$ t(e (ilippines is to re"o)er twi"e $or t(e same negligent a"t' The e$tin!tion o% !ivi" "iabi"it+ re%erre# to in Se! L(e), 2u"e 111, re%ers e$!"usive"+ to !ivi" "iabi"it+ %oun#e# on Art 100 o% 2=C, /hereas the !ivi" "iabi"it+ %or the sa&e a!t !onsi#ere# as a Kuasi-#e"i!t on"+ an# not as a !ri&e is not e$tin-uishe# even b+ a #e!"aration in the !ri&ina" !ase that the !ri&ina" a!t !har-e# has not ha en#e# or has not been !o&&itte# b+ the a!!use#' )ar!ia v CA (19'L) Vi"tory 4iner bus was dri)en by a*e w(en is "ollided wit( a *eep dri)en by Clemente /ar"ia @wit( 5 passengers .dgar /ar"ia and GapA' 3 "rim a"tion o$ (omi"ide and serious p(ysi"al in*uries t(ru re"#less impruden"e was $iled' 6(ile Gap and /ar"ia $iled $or damages against Vi"tory and a*e be"ause o$ negligen"e and re"#less impruden"e' C3 a"2uitted be"ause it was only a 8,. 3CC+D.1T, 17T e)en guilty o$ C+V+4 1.J4+J.1C.' Ci)il "ase was also dismissed' Se" 5 ,ule 111' =owe)er, an a"2uittal based on t(e $inding t(at t(e $a"ts upon w(i"( "i)il liability did not e>ist, bars t(e $iling o$ an independent "i)il a"tion i$ it is based on t(e "rime' ,e"#less impruden"e or "riminal negligen"e is not one o$ t(e t(ree "rimes mentioned in 3rti"le %% o$ t(e Ci)il Code' T(e in*uries su$$ered by (erein petitioners were alleged to be t(e result o$ "riminal negligen"e9 t(ey were not in$li"ted wit( mali"e' =en"e, no independent "i)il a"tion $or damages may be instituted in "onne"tion t(erewit(' KT(e essen"e o$ t(e 2uasi o$$ense o$ "riminal negligen"e under 3rti"le %C5 o$ t(e ,e)ised enal Code lies in t(e e>e"ution o$ an imprudent or negligent a"t t(at, i$ intentionally done, would be punis(able as a $elony'E C3<s de"laration t(at t(e mis(ap was Kpure a""identE are rele)ant and material e)iden"e' )anio v 5a##i (1972) Balan?a, 1C years old, in "(arge o$ a rig w(i"( (e dro)e re"#lessly, sideswept Jue)arra' J died' =e pleaded 55 ; t h i " " o < a # a

guilty wit( (omi"ide t(ru re"#less impruden"e' =e was ordered C# as damages' /anio, widow sued B and ., $or damages' C!+ dismissed sin"e C# as damages is "rim "ase barred "i)il a"tion soug(t by /anio' ,ig(t to $ile a separate "i)il suit in "ulpa a"2uiliana in spite o$ la"# o$ e>press reser)ation' T(e $ailure to ma#e, in t(e "riminal "ase, t(e reser)ation reuired in ,ule 111, Se" 1, /i"" not bar a se arate !ivi" a!tion %or Kuasi-#e"i!t rovi#e# that the in,ure# art+ has not intervene# a!tua""+ or a!tive"+ in the rose!ution o% sai# !ri&ina" a!tion ' ,es *udi"ata is not appli"able w(ere t(ere is no identity o$ parties and "i)il liability $or tort is di$$erent $rom liability $or negligen"e under , C' An#a&o v DAC (1990) 3ndamo owns an ad*a"ent land to t(e /issionaries o$ 7ur 4ady o$ 4a Salette +n"' 3 $iled against t(e "orporation<s o$$i"er and dire"tors a "riminal "ase under 3rt %5: , C and "i)il "ase $or damages' +ssue0 6(et(er a "orporation, w(i"( (as built t(roug( its agents, waterpat(s, water "ondu"tors and "ontri)an"es wit(in its land, t(ereby "ausing inundation and damage to an ad*a"ent land, "an be (eld "i)illy liable $or damages under 3rti"les 51BC and 51BB o$ t(e Ci)il Code on 2uasi-deli"ts su"( t(at t(e resulting "i)il "ase "an pro"eed independently o$ t(e "riminal "ase' ,TC dismissed "i)il "ase pending "riminal "ase' 3ll t(e elements o$ a 2uasi-deli"t under 3rt 51BC-51BB are present, to wit0 a' damages su$$ered by t(e plainti$$, b' $ault or negligen"e o$ t(e de$endant, or some ot(er person $or w(ose a"ts (e must respond9 and "' t(e "onne"tion o$ "ause and e$$e"t between t(e $ault or negligen"e o$ t(e de$endant and t(e damages in"urred by t(e plainti$$' @assertion o$ su"( between a"t o$ building waterpat(s and damage sustainedA 3rti"le 51BC, w(ene)er it re$ers to -$ault or negligen"e-, "o)ers not only a"ts -not punis(able by law- but also a"ts "riminal in "(ara"ter, w(et(er intentional and )oluntary or negligent' Conse2uently, a separate "i)il a"tion lies against t(e o$$ender in a "riminal a"t, w(et(er or not (e is "riminally prose"uted and $ound guilty or a"2uitted, pro)ided t(at t(e o$$ended party is not allowed, @i$ t(e tort$easor is a"tually "(arged also "riminallyA, to re"o)er damages on bot( s"ores, and would be entitled in su"( e)entuality only to t(e bigger award o$ t(e two, assuming t(e awards made in t(e two "ases )ary'

Torts and Damages Session 15-19 Nuasi-deli"t or "ulpa a2uiliana is a separate legal institution under t(e Ci)il Code wit( a substanti)ity all its own, and indi)iduality t(at is entirely apart and independent $rom a deli"t or "rime' T(ere$ore, t(e a"2uittal or "on)i"tion in t(e "riminal "ase is entirely irrele)ant in t(e "i)il "ase, unless, o$ "ourse, in t(e e)ent o$ an a"2uittal w(ere t(e "ourt (as de"lared t(at t(e $a"t $rom w(i"( t(e "i)il a"tion arose did not e>ist, in w(i"( "ase t(e e>tin"tion o$ t(e "riminal liability would "arry wit( it t(e e>tin"tion o$ t(e "i)il liability' Ba.u"t =hi"s v CA (1990) Camaso, 5-year old boy was sideswiped by a motor"y"le o$ Ga#ult w(ile dri)en by Sal)ao' 3 "riminal "ase against dri)er was $iled w(ile $at(er o$ )i"tim $iled a "i)il "ase against Ga#ult and dri)er' +n t(e "i)il "ase, de$endants are solidarily liable' Ga#ult "laimst t(at t(e "i)il "ase (as no *urisdi"tion sin"e under Se" 1, ,ule 111 o$ Crim ro t(at a separate "i)il a"tion may not be $iled unless a reser)ation is e>pressly made' 3lt(oug( t(e in"ident in 2uestion and t(e a"tions arising t(ere$rom were instituted be$ore t(e promulgation o$ t(e 19M5 ,ules o$ Criminal ro"edure, its pro)isions w(i"( are pro"edural may apply retrospe"ti)ely to t(e present "ase' +n t(is "ase, t(e o$$ended party (as not wai)ed t(e "i)il a"tion, nor reser)ed t(e rig(t to institute it separately' 1eit(er (as t(e o$$ended party instituted t(e "i)il a"tion prior to t(e "riminal a"tion' =owe)er, t(e "i)il a"tion in t(is "ase was $iled in "ourt be$ore t(e presentation o$ t(e e)iden"e $or t(e prose"ution in t(e "riminal a"tion o$ w(i"( t(e *udge presiding on t(e "riminal "ase was duly in$ormed, so t(at in t(e disposition o$ t(e "riminal a"tion no damages was awarded' T(e a$ore"ited re)ised rule re2uiring su"( pre)ious reser)ation also "o)ers quasi-delict as de$ined under 3rti"le 51BC o$ t(e Ci)il Code arising $rom t(e same a"t or omission o$ t(e a""used' 3lt(oug( t(e separate "i)il a"tion $iled in t(is "ase was wit(out pre)ious reser)ation in t(e "riminal "ase, ne)ert(eless sin"e it was instituted be$ore t(e prose"ution presented e)iden"e in t(e "riminal a"tion, and t(e *udge (andling t(e "riminal "ase was in$ormed t(ereo$, t(en t(e a"tual $iling o$ t(e "i)il a"tion is e)en $ar better t(an a "omplian"e wit( t(e re2uirement o$ an e>press reser)ation t(at s(ould be made by t(e o$$ended party be$ore t(e prose"ution presents its e)iden"e' T(e purpose o$ t(is rule re2uiring reser)ation is to pre)ent t(e o$$ended party $rom re"o)ering damages twi"e $or t(e same a"t or omission' 5% ; t h i " " o < a # a

)en#o<a v Arrieta (1979) % way a""ident' Jeep tried to o)erta#e tru"# but was stopped at interse"tion but w(ile still in a stop position, tru"# bumped it at t(e ba"#' Jeep was t(en swer)ed to t(e Ben? and Sala?ar in t(e *eep was t(rown' Ben? owned and dri)en by /endo?a sued Sala?ar, owner and dri)er o$ *eep' Sala?ar in turn sued dri)er /ontoya o$ gra)el tru"#' /ontoya was "on)i"ted o$ damage to property t(ru re"#less impruden"e T $ire and a"tual damages' 6(ile between /endo?a and Sala?ar, S was a"2uitted' T(e owner o$ a "ar w(i"( was bumped by a *eep a$ter t(e latter was bumped $rom be(ind by a tru"# may still $ile an "i)il a"tion $or damages against t(e tru"# dri)er and t(e *eepney dri)er, in t(e "ase $iled by t(e "ar owner was a"2uitted in t(e "riminal "ase $or negligen"e $iled by t(e "ar owner against t(e *eepney owner' There is no i#entit+ o% !ause o% a!tion bet/een the !ivi" !ase in Kuestion an# the !ri&ina" !ase a-ainst the tru!. #river %or #a&a-e to ,ee 7 9ai"ure to &a.e a reservation in the !ri&ina" a!tion %or ne-"i-en!e o% the ri-ht to %i"e an in#e en#ent !ivi" a!tion #oes not a&en# the substantive rovision o% Art L1 CC on Kuasi-#e"i!t7 Art 2176-2177 CC !reates a !ivi" "iabi"it+ #istin!t %ro& the !ivi" a!tion arisin- %ro& the o%%ense o% ne-"i-en!e un#er 2=C7 >o reservation nee# be &a#e in !ri&ina" !ase7 6s!utea v 9an#ia"an (197E) July 5, 1955, !andialan in$li"ted p(ysi"al in*uries against .s"ueta' ! was "on)i"ted o$ slig(t p(ysi"al in*uries, . reser)ed rig(t to $ile a separate "i)il a"tion' T(e "i)il "ase $iled based on 3rt 1&& o$ , C was dismissed $or la"# o$ interest' T(e "i)il "ase was re$illed a$ter 1C years, July 5, 19CM' ! "laims a"tion is not barred by pres"ription sin"e only : years "an a 2uasi-deli"t be $iled under 3rt 11:C@1A' lainti$$;s @o$$ended partyA "i)il a"tion $or re"o)ery o$ "i)il liability and damages $rom de$endant @a""usedA would (a)e been impli"itly instituted wit( t(e "riminal a"tion, but plainti$$ e>pressly reser)ed (is rig(t to institute t(e "i)il a"tion separately' 8nder 3rti"le %% o$ t(e Ci)il Code, e)en wit(out su"( reser)ation, (e "ould prose"ute (is "i)il a"tion $or damages $rom t(e physical injuries separately and independently o$ t(e "riminal a"tion and would re2uire only a preponderan"e o$ e)iden"e to support (is a"tion' Su"( separate and independent "i)il a"tion under t(e "ited "odal arti"le pro"eeds to trial and $inal *udgment irrespe"ti)e o$ t(e result o$ t(e "riminal a"tion'

Torts and Damages Session 15-19 res"ripti)e period o$ : years under 3rt 11:C@1A applies not 3rt 11::@%A w(i"( pro)ides 1& years $or a"tions based Kupon a *udgment'E No "i)il liability was ad*udged in t(e "riminal "ase sin"e plainti$$ e>pressly reser)ed t(e rig(t o$ $iling a separate "i)il a"tion' =en"e, (e (ad no standing in t(e "riminal a"tion as an o$$ended party and t(e )erdi"t o$ "on)i"tion excluded any "i)il liability' 3s in ot(er-"i)il a"tions w(ere *udgment (as obtained, t(e a"tion to enforce t(e *udgment would pres"ribe only a$ter ten years, wit( t(e *udgment being en$or"eable by mere motion wit(in t(e $irst $i)e years' Ta!taKuin v =a"i"eo (Se t 1967) Ta"ta2un $iled to re"o)er damages $or t(e deat( o$ (er daug(ter w(en s(e was (it by alileo w(ile it was dri)ing re"#lessly' $iled a motion to dismiss being barred by $inal *udgment in "riminal "ase "on)i"ting (im o$ (omi"ide and serious p(ysi"al in*uries $or t(e same a""ident' =e was also senten"e to pay in "rim "ase t(at pay o$$ended party :#' -t(e plainti$$ "annot re"o)er damages twice for the same act or omission of the defendant - @.mp(asis suppliedA' +n t(e "ase at bar, it is "rystal "lear t(at any "i)il liability "ontra"ted by appellee w(et(er based on quasi-delict or ot(erwise arose $rom e>a"tly t(e same a"t or omission, namely, (is re"#less manner o$ dri)ing w(i"( resulted in serious p(ysi"al in*uries to appellant, and in t(e deat( o$ (er daug(ter' !or t(is same act or omission appellant "annot re"o)er twice' T(e reser)ation was made a$ter appelee (ad already pleaded guilty' Su"( must be deemed legally ine$$e"ti)e' Go!son v 5"orioso (196') 5 a"tions was $iled $or deat( o$ %-year old boy w(o was run o)er by a *eep' @1A "i)il "ase against owner and dri)er $or "ulpa a"2uilina, @5A "riminal a"tion $or (omi"ide t(ru re"#less impruden"e' Ci)il "ase was dismissed, "annot (old dri)er guilty o$ negligen"e, but "rim "ase, dri)er was "on)i"ted and ordered to pay C# as indemnity' T(e writ o$ e>e"ution was unsatis$ied' 3n a"tion to en$or"e against owner was $iled' 7wner "laims barred by prior *udgment in "i)il "ase' 6(et(er t(e pre)ious dismissal o$ an a"tion based on culpa aquiliana pre"ludes t(e appli"ation o$ t(e plain and e>pli"it "ommand o$ 3rti"le 1&% o$ t(e ,e)ised enal CodeQ T(e en$or"ement does not "on"ern Kt(e identity o$ relie$s prayed $or'E T(e negligent a"t "ommitted by de$endant;s employee is not a quasi "rime, $or su"( negligen"e is punis(ed by law' To depri)e t(em now o$ t(is remedy, a$ter t(e "on)i"tion o$ de$endant;s employee, would be to depri)e t(em altoget(er o$ t(e 5: ; t h i " " o < a # a

indemnity to w(i"( t(ey are entitled by law and by a "ourt de"ision, w(i"( in*usti"e it is our duty to pre)ent'- 7n t(e same prin"iple t(en, t(e pre)ious dismissal o$ t(e a"tion based on culpa aquiliana "ould not be a bar to t(e en$or"ement o$ t(e subsidiary liability re2uired by 3rti"le 1&% o$ t(e ,e)ised enal Code' 6(at "learly emerges t(en is t(e "ontrolling $or"e o$ t(e prin"iple t(at on"e t(ere is a "on)i"tion $or a $elony, $inal in "(ara"ter, t(e employer, a""ording to t(e plain and e>pli"it "ommand o$ 3rti"le 1&% o$ t(e ,e)ised enal Code, is subsidiarily liable, i$ it be s(own t(at t(e "ommission t(ereo$ was in t(e dis"(arge o$ t(e duties o$ su"( employee' =>B v Cati on (1956) Catipon was "(arged by esta$a $or (a)ing misappropriated, misapplied and "on)erted t(e mer"(andise "o)ered by trust re"eipt w(i"( pre*udi"ed 1B' C was a"2uitted' 1B sued to re"o)er )alue o$ goods' C ordered to pay' Does t(e a"2uittal in "rim "ase bar t(e institution o$ present "i)il a"tion, be"ause ban# did not reser)e in "rim "ase t(e rig(t to separately en$or"e t(e "i)il liability against (imQ T(e a"2uittal is predi"ated on t(e "on"lusion Kt(at t(e guilt o$ t(e de$endant (as not been satis$a"torily establis(ed' T(e a"2uittal being e2ui)alent to reasonable doubt, does not pre"lude a suit to en$or"e t(e "i)il liability $or t(e same a"t or omission, under 3rt 59 CC9 it does not $inally determine nor e>pressly de"lare t(at t(e $a"t $rom w(i"( t(e "i)il a"tion mig(t arise did not e>ist' T(e de"laration in t(e de"ision o$ a"2uittal to t(e e$$e"t t(at Ki$ any responsibility was in"urred by t(e a""used t(at is "i)il in nature and not "riminalE amounts to a reser)ation o$ t(e "i)il a"tion in $a)our o$ o$$ended party' T(e appellant e>e"uted t(e trust re"eipt, (e is liable ex contractu $or its brea"(' A"borno< v A"borno< (1956) ,a"ela $iled 5 "laims against estate o$ Soriano' , "laims t(at S was supposed to sell properties to , e)iden"ed by 5 deeds o$ sale' =owe)er, S sold t(e same to Ballesteros and registered t(e deed o$ sale' , $iled "rim "ase $or esta$a' S was a"2uitted' Ci)il "ase $iled but was dismissed stating t(at t(e "laim on bot( "ase is $ounded on same deed o$ sale and a"2uittal in "rim "ase produ"ed t(e e$$e"t o$ e>emption o$ (er estate $rom any "i)il liability' ,TC $ound t(at S did not sell any land to , and t(e deeds o$ sale were e>e"uted in order to enable , to "on)in"e t(e residents o$ t(e barrio t(at de"edent "ould $reely dispose o$ (is properties' T(ey were t(ere$or simulated sales.

Torts and Damages Session 15-19 T(e *udgment o$ a"2uittal amount to a *udi"ial de"laration t(at t(e basis o$ "laimant<s a"tion, or sales o$ said par"els o$ land to t(e "laimant did not e>ists' 0is a!tion is barre# un#er Se! 2(#), 2u"e 1077 (@dA .>tin"tion o$ t(e penal a"tion does not

"annot, t(ere$ore, be deemed a bar to a "i)il a"tion against t(is "ompany be"ause its "i)il liability is "ompletely di)or"ed $rom t(e "riminal liability o$ t(e a""used' T(e rule regarding reser)ation o$ t(e rig(t to $ile a separate "i)il a"tion does not apply to it' Sa"ta v #e Ve+ra (19'2) Salta, manager o$ 1B /alolos, re"ommended t(e granting o$ loans in )iolation o$ t(e ban# rules $raud and negligen"e wL" resulted in losses by ban#' 1B $iled 5 "i)il "ases and also a "rim "ase $or )iolation o$ anti-Jra$t and Corrupt ra"ti"es 3"t' Crim "ase was dismissed' 1 "i)il "ase also dismissed be"ause o$ su"( but 1 was not' T(e motion to dismiss must be denied $or t(e reason t(at a"2uittal in "riminal "ase will not be an obsta"le $or t(e "i)il "ase to prosper unless in t(e "riminal "ase t(e Courts ma#es a $inding t(at e)en "i)illy t(e a""used would not be (eld liable t(ere is no su"( $inding' +n "i)il "ases e)iden"e only re2uires a preponderan"e, unli#e beyond reasonable doubt w(i"( is t(e re2uisite in "riminal "ase' urpose o$ law in allowing a "i)il "ase related to "riminal "ase to be $iled separately and to pro"eed independently e)en during penden"y o$ t(e latter "ase' T(is must be so be"ause t(e o$$enses spe"i$ied in 3rti"le %% are o$ su"( a nature, unli#e ot(er o$$enses not mentioned, t(at t(ey may be made t(e sub*e"t o$ a separate "i)il a"tion be"ause o$ t(e distin"t separability o$ t(eir respe"ti)e *uridi"al "ause or basis o$ a"tion' T(e wisdom o$ t(e pro)ision o$ 3rti"le %% o$ t(e 1ew Ci)il Code is to be $ound in t(e $a"t t(at w(en t(e "i)il a"tion is reser)ed to be $iled separately, t(e "riminal "ase is prose"uted by t(e prose"uting o$$i"er alone wit(out inter)ention $rom a pri)ate "ounsel representing t(e interest o$ t(e o$$ended party' )an"i!"i! an# =hi" 2abbit v Ca"aunan (2007) Jeep owned by Calaunan, dri)en by /endo?a "ollided wit( ,B4+ bus dri)en by /anli"li"' T(e $ront rig(t side o$ t(e (ilippine ,abbit Bus (it t(e rear le$t side o$ t(e *eep "ausing t(e latter to mo)e to t(e s(oulder on t(e rig(t and t(en $all on a dit"( wit( water resulting to $urt(er e>tensi)e damage' Calaunan sustained in*uries' Criminal "ase was $iled against /anlili"' Calanuan $iled $or damages against ,B4+ and /anli"li"' ,B4+ "laims due diligen"e' C3 a"2uitted /anli"li"' Can /anli"li" still be (eld liable $or t(e "ollision and be $ound negligent notwit(standing t(e de"laration o$ t(e C3 t(at t(ere was an absen"e o$ negligen"e on (is partQ !rom t(e $oregoing de"laration o$ t(e Court o$ 3ppeals, it appears t(at petitioner /anli"li" was a"2uitted not on reasonable

"arry wit( it e>tin"tion o$ t(e "i)il, unless t(e e>tin"tion pro"eeds $rom a de"laration in a $inal *udgment t(at t(e $a"t $rom w(i"( t(e "i)il mig(t arise did not e>ist'E +t is unne"essary to "onsider t(e "laim o$ t(e "laimant-appellant t(at (e (ad submitted su$$i"ient e)iden"e to sustain de$endant;s liability'
Tan v Stan#ar# 1i" Co (1952) Standard deli)ered to ,ural Transit gallons o$ gasoline "ontained in a gasoline tan#-tru"# trailer' 6(ile t(e gasoline was being dis"(arged to underground tan#, it "aug(t $ire, t(e dri)er, Sto Domingo, (elper ,i"o, too# t(e tru"# in t(e middle o$ t(e road, and abandoned it' T(e "ause o$ its mo)ing in t(e opposite side o$ street "aused buildings on t(at to be burned ad destroyed' Tan<s (ouse was also destroyed' Sto Domingo and ,i"o was "(arged wit( arson t(ru re"#less impruden"e, but a"2uitted be"ause t(e $ire was due to an un$ortunate a""ident' Tan t(en sued Standard and rural in"luding SD and , a "i)il "ase $or damages' ,ule 1&B, se"tion 1@dA means t(at t(e a"2uittal o$ t(e a""used $rom t(e "riminal "(arge will not ne"essarily e>tinguis( t(e "i)il liability unless t(e "ourt de"lares in t(e *udgment t(at t(e $a"t $rom w(i"( t(e "i)il liability mig(t arise did not e>ist' 6(ere t(e "ourt states t(at t(e e)iden"e t(rows no lig(t on t(e "auses o$ $ire and t(at it was an un$ortunate a""ident $or w(i"( t(e a""used "annot be (eld responsible, t(is de"laration $its well into t(e e>"eption o$ t(e rule w(i"( e>empts t(e a""used $rom "i)il liability' T(e prin"iple o$ res judicata "annot apply to t(em $or t(e simple reason t(at t(ey were not in"luded as "o-a""used in t(e "riminal "ase' 1ot (a)ing been in"luded in t(e "riminal "ase t(ey "annot en*oy t(e bene$it resulting $rom t(e a"2uittal o$ t(e a""used' T(is bene$it "an only be "laimed by t(e a""used i$ a subse2uent a"tion is later ta#en against t(em under t(e ,e)ised enal Code' 3nd t(is a"tion "an only be maintained i$ proper reser)ation is made and t(ere is no e>press de"laration t(at t(e basis o$ t(e "i)il a"tion (as not e>isted' T(e a"t o$ dri)er is to a)oid greater e)il or (arm' +t "annot be denied t(at t(is "ompany is one o$ t(ose $or w(ose bene$it a greater (arm (as been pre)ented, and as su"( it "omes wit(in t(e pur)iew o$ said penal pro)ision' T(e a"2uittal o$ t(e a""used 55 ; t h i " " o < a # a

Torts and Damages Session 15-19 doubt, but on t(e ground t(at (e is not t(e aut(or o$ t(e a"t "omplained o$ w(i"( is based on Se!tion 2(b) o% 2u"e 111 o% the 2u"es o% Cri&ina" =ro!e#ure' +n spite o$ said ruling, petitioner /anli"li" "an still be (eld liable $or t(e mis(ap' T(e a$ore-2uoted se"tion a "ies on"+ to a !ivi" a!tion arisin- %ro& !ri&e or ex delicto and not to a "i)il a"tion arising $rom 2uasi-deli"t or culpa aquiliana' T(e e>tin"tion o$ "i)il liability re$erred to in ar' @eA o$ Se"tion %, ,ule 111 Rnow Se"tion 5 @bA o$ ,ule 111S, re%ers e$!"usive"+ to !ivi" "iabi"it+ %oun#e# on Arti!"e 100 o% the 2evise# =ena" Co#e , w(ereas t(e "i)il liability $or t(e same a"t "onsidered as a quasi-delict only and not as a "rime is not e>tinguis(ed e)en by a de"laration in t(e "riminal "ase t(at t(e "riminal a"t "(arged (as not (appened or (as not been "ommitted by t(e a""used' 3 2uasi-deli"t or culpa aquiliana is a separate legal institution under t(e Ci)il Code wit( a substanti)ity all its own, and indi)iduality t(at is entirely apart and independent $rom a deli"t or "rime' +n ot(er words, i$ an a""used is a"2uitted based on reasonable doubt on (is guilt, (is "i)il liability arising $rom t(e "rime may be pro)ed by preponderan"e o$ e)iden"e only' =owe)er, i$ an a""used is a"2uitted on t(e basis t(at (e was not t(e aut(or o$ t(e a"t or omission "omplained o$ @or t(at t(ere is de"laration in a $inal *udgment t(at t(e $a"t $rom w(i"( t(e "i)il mig(t arise did not e>istA, said a"2uittal "loses t(e door to "i)il liability based on t(e "rime or ex delicto' +n t(is se"ond instan"e, t(ere being no "rime or delict to spea# o$, "i)il liability based t(ereon or ex delicto is not possible' +n t(is "ase, a "i)il a"tion, i$ any, may be instituted on grounds ot(er t(an t(e delict "omplained o$' 3s regards "i)il liability arising $rom 2uasi-deli"t or culpa aquiliana, same will not be e>tinguis(ed by an a"2uittal, w(et(er it be on ground o$ reasonable doubt or t(at a""used was not t(e aut(or o$ t(e a"t or omission "omplained o$ @or t(at t(ere is de"laration in a $inal *udgment t(at t(e $a"t $rom w(i"( t(e "i)il liability mig(t arise did not e>istA' T(e responsibility arising $rom $ault or negligen"e in a quasi-delict is entirely separate and distin"t $rom t(e "i)il liability arising $rom negligen"e under t(e enal Code' 3n a"2uittal or "on)i"tion in t(e "riminal "ase is entirely irrele)ant in t(e "i)il "ase based on 2uasi-deli"t or culpa aquiliana. Abe""ana v )arave (197E) !eli> 3bellana @!3A was "on)i"ted by TC o$ p(ysi"al in*rueis t(ru re"#less impruden"e' Be"ause !3 w(ile dri)ing atru"# (it a pedi"ab wit( its % passengers sustaining in*uries' =e was ordered to pay )i"tims, C#' =e appealed in C3' 5C ; t h i " " o < a # a

T(en respondents $iled a separate "i)il a"tion against !3 and Clemente 3bellana as ., o$ !3' T(ey $iled a motion to dismiss sin"e respondents did not reser)ed t(eir rig(t to $ile a separate "ase' 3nd t(e "i)il "ase was only $iled w(en "rim "ase was already on appeal' T(e o$$ended party in a "riminal "ase (as t(e remedy o$ pursuing an independnent "i)il a"tion, alt(oug( (e (as not made any reser)ation t(ere$or in t(e "ity "ourt w(ere t(e a"tion was begun, i$ t(e "ase us appealed to t(e C!+ w(ere t(e trial de no)o is re2uired by t(e ,ules' T(e rule in t(is *urisdi"tion is t(at upon appeal by t(e de$endant $rom a *udgment o$ "on)i"tion by t(e muni"ipal "ourt, t(e appealed de"ision is )a"ated and t(e appealed "ase s(all be tried in all respe"ts anew in t(e C!+ as i$ it (as been originally instituted in t(at "ourt' So it is in "i)il "ases under Se" : o$ ,ule :&' The ri-ht to initiate a !ivi" a!tion a art %ro& the !ri&ina" !ase is substantive7 The -rant o% o/er to this Court, #oes not e$ten# to an+ #i&inution, in!rease or &o#i%i!ation o% substantive ri-ht7 Santos v =i<arro (2005) Viron Transit dri)en by Sibayan "ollided wot( 4ite 3"e Van' +n t(e )an, % died in"luding 5-mont( old baby and 5 were in*ured' S was "on)i"ted wit( ,e"#less +mpruden"e resulting to multiple (omi"ide and multiple p(ysi"al in*uries but reser)ed to $ile a separate "i)il a"tion' !iled $or damages against S, Viron Transit and its resident, ,ondaris' Viron $iled a motion to dismiss alleging t(at a"tion based on 2uasi-deli"t pres"ribed a$ter : years $rom a""rual o$ "ause o$ a"tion' +t also alleges t(at "annot be (eld subsidiary liable sin"e S was not ordered to pay damages in "riminal "ase' 7ur ,e)ised enal Code pro)ides t(at e)ery person "riminally liable $or a $elony is also "i)illy liable' Su"( "i)il liability may "onsist o$ restitution, reparation o$ t(e damage "aused and indemni$i"ation o$ "onse2uential damages' 6(en a "riminal a"tion is instituted, t(e "i)il liability arising $rom t(e o$$ense is impliedly instituted wit( t(e "riminal a"tion, sub*e"t to t(ree notable e>"eptions0 . w(en t(e in*ured party e>pressly wai)es t(e rig(t to re"o)er damages $rom t(e a""used9 !. w(en t(e o$$ended party reser)es (is rig(t to (a)e t(e "i)il damages determined in a separate a"tion in order to ta#e $ull "ontrol and dire"tion o$ t(e prose"ution o$ (is "ause9 and ". w(en t(e in*ured party a"tually e>er"ises t(e rig(t to maintain a pri)ate suit against t(e o$$ender by instituting a "i)il a"tion prior to t(e $iling o$ t(e "riminal "ase'

Torts and Damages Session 15-19 Se" 1, ,ule 111' See Sa$eguard Se"urity "ase' 3t t(e time o$ t(e $iling o$ t(e "omplaint $or damages in t(is "ase, t(e "ause o$ a"tion ex quasi delicto (ad already pres"ribed' 1onet(eless, petitioners "an pursue t(e remaining a)enue opened $or t(em by t(eir reser)ation, i.e., t(e sur)i)ing "ause o$ a"tion ex delicto. T(is is so be"ause t(e pres"ription o$ t(e a"tion ex quasi delicto does not operate as a bar to an a"tion to en$or"e t(e "i)il liability arising $rom "rime espe"ially as t(e latter a"tion (ad been e>pressly reser)ed' Dismissal o$ t(e a"tion based on culpa aquiliana is not a bar to t(e en$or"ement o$ t(e subsidiary liability o$ t(e employer' 7n"e t(ere is a "on)i"tion $or a $elony, $inal in "(ara"ter, t(e employer be"omes subsidiarily liable i$ t(e "ommission o$ t(e "rime was in t(e dis"(arge o$ t(e duties o$ t(e employees' T(is is so be"ause 3rti"le 1&% o$ t(e ,e)ised enal Code operates wit( "ontrolling $or"e to ob)iate t(e possibility o$ t(e aggrie)ed party being depri)ed o$ indemnity e)en a$ter t(e rendition o$ a $inal *udgment "on)i"ting t(e employee' T(is does not o$$end t(e poli"y t(at t(e reser)ation or institution o$ a separate "i)il a"tion wai)es t(e ot(er "i)il a"tions' T(e rationale be(ind t(is rule is t(e a)oidan"e o$ multiple suits between t(e same litigants arising out o$ t(e same a"t or omission o$ t(e o$$ender' =owe)er, sin"e t(e stale a"tion $or damages based on quasi delict s(ould be "onsidered wai)ed, t(ere is no more o""asion $or petitioners to $ile multiple suits against pri)ate respondents as t(e only re"ourse a)ailable to t(em is to pursue damages ex delicto. T(is interpretation is also "onsistent wit( t(e bar against double re"o)ery $or ob)ious reasons' Su"( pro"edural misstep, (owe)er, s(ould be e>empted $rom t(e stri"t appli"ation o$ t(e rules in order to promote t(eir $undamental ob*e"ti)e o$ se"uring substantial *usti"e' Session 19 Art 19-L5, 21'7, 2ea#in- on =ro#u!t 3iabi"it+, Cases 5L, 69 (L'0 s!ra E67), LE9-L6' >i..o 0ote" )ani"a 5ar#en v 2e+es (2005) party gate"ras(er in t(e birt(day party o$ t(e resident o$ 1i##o =otel in its pent(ouse' 671 4im, general manager, a"ted abusi)ely in as#ing ,eyes, to lea)e t(e party w(ere (e was not in)ited by t(e "elebrant and t(ereby be"ome liable under 3rt 19 and 51 CC' 3 person w(o did not abuse (er rig(t in as#ing a person in lea)e a party to w(i"( (e was not in)ited "annot bemade to pay $or damages under 3rt 19 and 51 CC' 5B ; t h i " " o < a # a

3rt 19 rin"iple o$ 3buse o$ ,ig(ts' w(en Ka rig(t is e>er"ised in a manner w(i"( does not "on$orm wit( t(e norms ens(rined in 3rti"le 19 and results in damage to anot(er, a legal wrong is t(ereby "ommitted $or w(i"( t(e wrongdoer must be responsible'E T(e rationale o$ t(is arti"le is to set "ertain standards w(i"( must be obser)ed0 1' not only in t(e e>er"ise o$ one<s rig(ts 5' but also in t(e per$orman"e o$ one<s duties' a' a"t wit( *usti"e, b' gi)e e)eryone (is due and "' obser)e (onesty and good $ait(' +ts elements are0 1A T(ere is a legal rig(t or duty9 5A e>er"ised in bad $ait(9 %A sole intent0 pre*udi"ing or in*uring anot(er' :A must be +1T.1T+7134 6(en 3rti"le 19 is )iolated, an a"tion $or damages is proper under 3rti"les 5& or 51 o$ t(e Ci)il Code' 3rti"le 5& pertains to damages arising $rom a )iolation o$ law w(i"( does not obtain (erein as /s' 4im was per$e"tly wit(in (er rig(t to as# /r' ,eyes to lea)e' 3rt 51 re$ers to a"ts contra bonus mores and (as t(e $ollowing elements0 1A an a"t w(i"( is legal9 5A but w(i"( is "ontrary to morals, good "ustom, publi" order, or publi" poli"y9 and %A it is done wit( intent to in*ure :A must be +1T.1T+7134 3 "omplaint based on 3rt 19 and 51 CC must ne"essarily $ail i$ it (as not(ing to re"ommend it but innuendos and "on*e"tures' Bad *udgment w(i"(, i$ done wit( good intentions, "annot amount to bad $ait(' T(e "ause o$ a"tion was Kpredi"ated upon mere rudeness or la"# o$ "onsideration o$ one person, w(i"( "alls not only prote"tion o$ (uman dignity but respe"t o$ su"( dignity'E 2a&os v CA (2002) 3 surgeon<s irresponsible "ondu"t o$ arri)ing )ery late $or a s"(eduled operation is )iolati)e, not only (is duty as a p(ysi"ian but also o$ 3rt 19 CC w(i"( re2uires a person, in t(e per$orman"e o$ (is duties, to a"t wit( *usti"e and gi)e e)eryone (is due' Ve"a+o v She"" Co (1956) S(ell was one o$ t(e prin"ipal "reditors o$ C34+' Ta#ing ad)antage o$ its #nowledge t(at )oluntary

Torts and Damages Session 15-19 insol)en"y pro"eedings will be instituted by C34+ i$ t(e "reditors would not agree on t(e manner o$ its distributing its assets among t(e "reditors' So, it trans$erred its "redit to a sister "orporation in 8S' +ts sister "orporation immediately $iled an a"tion in Cali$ornia and t(e "ourt atta"(ed t(e plane in Cali$ornia' Velayo be"ame t(e assignee o$ C34+ and $iled an a"tion against C34+ o$ t(e trans$erring o$ "redit' 3 "reditor<s trans$er o$ "redit to anot(er wit(out #nowledge o$ ot(er "reditors o$ insol)ent enable t(e trans$eror to "olle"t almost i$ not t(e entire amount o$ "redit, but it "annot be "ountenan"e su"( attitude, and mu"( less $rom a $oreign "orporation to t(e detriment o$ t(e Jo)ernment and lo"al business' A &ora" /ron- or in,ur+, even i% it #oes not !onstitute a vio"ation o% a statute "a/, shou"# be !o& ensate# b+ #a&a-es' =>B v CA (197') Tapnio was granted a "rop loan o$ 5# $rom 1B' =e se"ured it wit( a mortgage on standing "rop in"luding (er sugar 2uota allo"ation' T was not able to (ar)est enoug( to "o)er (er sugar 2uota allo"ation, so s(e leased to Tua?on at 5'5& per pi"ul sub*e"t to t(e appro)al o$ 1B as a re2uirement in t(eir mortgage "ontra"t' 1B<s Board o$ Dire"tors re2uired to raise it to %' T (owe)er said t(at (e was no longer interested' Tapnio lost 5,M&& be"ause o$ 1B<s unreasonable pri"e re2uirement' S(e $ailed to pay t(e loan and 1B sued (er' 1B<s appro)al may be re2uired, but t(e latter "ertainly "annot es"ape its responsibility o$ obser)ing, $or t(e prote"tion o$ t(e interest o$ pri)ate respondents, t(at degree o$ "are, pre"aution and )igilan"e w(i"( t(e "ir"umstan"es *ustly demand in appro)ing or disappro)ing t(e lease o$ said sugar 2uota' Art 197 Certainly, it #new t(at t(e agri"ultural year was about to e>pire, t(at by its disappro)al o$ t(e lease pri)ate respondents would be unable to utili?e t(e sugar 2uota in 2uestion' etitioner is "onse2uently liable $or t(e damages "aused on pri)ate respondents' Art 217 T(e a$ore"ited pro)isions on (uman relations were inten#e# to e$ an# the !on!e t o% torts in this ,uris#i!tion b+ -rantina#eKuate "e-a" re&e#+ %or the unto"# nu&ber o% &ora" /ron-s /hi!h is i& ossib"e %or hu&an %oresi-ht to s e!i%i!a""+ rovi#e in the statutes' A !or oration is !ivi""+ "iab"e in the sa&e &anner as natura" ersons %or torts7 3 prin"ipal or master is liable $or e)ery tort w(i"( (e e>pressly dire"ts or aut(ori?es, and t(is is *ust as true o$ a "orporation as o$ a natural person' A !or oration is "iab"e, there%ore, /henever a tortious a!t is !o&&itte# b+ an 5M ; t h i " " o < a # a

o%%i!er or a-ent un#er e$ ress #ire!tion or authorit+ %ro& the sto!.ho"#ers or &e&bers a!tin- as a bo#+, or, -enera""+, %ro& the #ire!tors as the -overnin- bo#+7)ani"a 5as Cor v CA (19'0) 7ngsip applied $or installation o$ gas ser)i"e "onne"tion $or (is residen"e' 3dditional gas was installed $or (is :C-door apartment in t(e same "ompound' =owe)er, t(ere was no signi$i"ant in"rease in (is meter reading' etitioner t(en $iled a "omplaint $or 2uali$ied t(e$t and dis"onne"ted its gas ser)i"e wit(out prior noti"e' etitioner;s a"t in dis"onne"ting respondent 7ngsip;s gas ser)i"e wit(out prior noti"e "onstitutes brea"( o$ "ontra"t amounting to an independent tort' T(e re&aturit+ o% the a!tion is in#i!ative o% an intent to !ause a##itiona" &enta" an# &ora" su%%erin- to rivate res on#ent' 3 "lear )iolation o$ 3rti"le 51 CC' 3rti"le 5519 @1&A o$ t(e Code' 3rti"le 555&0 /oral damages' /oral0 15#' .>emplary 5 T attorney<s $ees' The sa&e ru"e a "ies to brea!hes o% !ontra!t /here the #e%en#ant a!te# %rau#u"ent"+ or in ba# %aith. 1on-payment o$ gas bill $or % mont(s "annot be used to *usti$y dis"onne"tion wit(out prior noti"e' 3pparently, su"( mis"ondu"t or omission o$ petitioner $ormed part o$ a male)olent s"(eme to (arass and (umiliate respondent, e>posing (im to $urt(er ignominy and greater mental torture' 5ran# Hnion Su er&ar.et v 6s ino (1979) .spino wit( (is $amily were s(opping in a supermar#et in /a#ati and (e $orgot to pay a mer"(andise t(at (e pla"ed in (is po"#et s(irt wit( its good part s(owing' +t was wort( %'M5' =is wi$e paid BB $or t(e mer"(andise boug(t' T(e guard "alled (is attention and too# t(e produ"t and publi"ly announ"ed t(at (e was a s(opli$ter' =e was me"(ani"al engr' and OJ e>e"uti)e and o""upied positions in t(e go)ernment and business "ommunity' T(e $alse a""usation "(arged against t(e pri)ate respondent a$ter detaining and interrogating (im by t(e uni$ormed guards and t(e mode and manner in w(i"( (e was sub*e"ted, s(outing at (im, imposing upon (im a $ine, t(reatening to "all t(e poli"e and in t(e presen"e and (earing o$ many people at t(e Supermar#et w(i"( broug(t and "aused (im (umiliation and embarrassment, su$$i"iently rendered t(e petitioners liable $or damages under 3rti"les 19 and 51 in relation to 3rti"le 5519 o$ t(e Ci)il Code' 3rt 5C' /oral 5#, attorney<s $ees %#'

Torts and Damages Session 15-19 =etro hi" Cor v CA (2001) etrop(il "ontra"ted wit( Dr' Cru? $or Cru? to (aul and transport any pa"#ages and bul# produ"ts o$ etrop(il' "an terminate t(e "ontra"t anytime and i$ t(ere is brea"( or inade2uate per$orman"e' terminated t(e "ontra"t' 3 "omplaint was $iled by Dr' Cru? alleging t(at it was un*usti$ied and only a"ted su"( as a retaliation $or sympat(i?ing wit( its stri#ing etrop(il ..s' +t was intended to silen"e (er' 3ll tan# tru"# dri)ers o$ Dr' Cru? $iled a "omplaint $or damages against etrop(il o$$i"ers' 3rti"le 5& o$ t(e Ci)il Code0 e)ery person w(o, "ontrary to law, will$ully or negligently "auses damage to anot(er, s(all indemni$y t(e latter $or t(e damage done' etitioner mig(t not (a)e deliberately intended to in*ure t(e respondent-dri)ers' But as a "onse2uen"e o$ its will$ul a"t dire"ted against Dr' Cru?, respondent-dri)ers lost t(eir *obs and, "onse2uently su$$ered loss o$ in"ome' 8nder Arti!"e 20, t(ere is no reKuire&ent that the a!t &ust be #ire!te# at a s e!i%i! erson , but it su%%i!es that a erson su%%ers #a&a-e as a !onseKuen!e o% a /ron-%u" a!t o% another in or#er that in#e&nit+ !ou"# be #e&an#e# %ro& the /ron-#oer7 Cebu Countr+ C"ub Dn! v 6"i<a-aKue (200') Cebu Country Club +n" @CCC+A is a domesti" "orp operates as a non-pro$it and nonsto"# pri)ate members(ip "lub' S/C was a spe"ial proprietary member o$ CCC+' . $iled an appli"ation $or proprietary members(ip' +t was indorsed by 5 members' CCC+ president o$$ered to sell a s(are $or %'5/ @5/ as regular pri"eA' But . pur"(ased s(are o$ Dr' Butalid $or %/' CCC+ issued roprietary 7wners(ip Certi$i"ate to .' .<s appli"ation was denied' CCC+ did not reply t(ri"e $or (is motion $or re"onsideration' . $iled a "omplaint $or damages against CCC+' CCC+ "laims t(at to appro)e proprietary seat all members o$ t(e Board must agree' =owe)er, in t(is "ase, 1 disagreed' SC0 su"( rule was not printed on t(e appli"ation $orm' CCC+, Board o$ dire"tors (as a rig(t to appro)e or disappro)e an appli"ation $or proprietary members(ip, but su"( rig(t s(ould not be e>er"ised arbitrarily' 3rt 19 "orrelated wit( 3rt 510 T(e law, t(ere$ore, re"ogni?es a primordial limitation on all rig(ts9 t(at in t(eir e>er"ise, t(e norms o$ (uman "ondu"t set $ort( in 3rti"le 19 must be obser)ed' A ri-ht, thou-h b+ itse"% "e-a" be!ause re!o-ni<e# or -rante# b+ "a/ as su!h, &a+ neverthe"ess be!o&e the sour!e o% so&e i""e-a"it+7 ?hen a ri-ht is e$er!ise# in a &anner /hi!h #oes not !on%or& /ith the nor&s enshrine# in Arti!"e 19 an# resu"ts in #a&a-e to another, a "e-a" /ron- is thereb+ !o&&itte# %or /hi!h the /ron-#oer &ust be he"# res onsib"e7 59 ; t h i " " o < a # a

T(e e>er"ise o$ a rig(t, t(oug( legal by itsel$, must nonet(eless be in a""ordan"e wit( t(e proper norm' 6(en t(e rig(t is e>er"ised arbitrarily, un*ustly or e>"essi)ely and results in damage to anot(er, a legal wrong is "ommitted $or w(i"( t(e wrongdoer must be (eld responsible' CCC+<s disappro)al is "(ara"teri?ed by bad $ait(' 4a&nun absKue in,uria #oes not a "+ /hen there is an abuse o% a ersonCs ri-ht7 =e v =e (1962) lainti$$s are parents, brot(ers and sisters o$ 4olita e, an unmarried woman, 5: years o$ age' De$endant, a married man and $re2uently )isited 4olita to tea"( (er to pray t(e rosary' T(ey $ell in lo)e and (ad se>ual relations' 4olita<s parents pro(ibited (im to go to t(eir (ouse' But t(ey still (ad "onta"t and 4olita disappeared' De$endant was sued' =e was a "ollateral relati)e and "onsidered a member o$ a $amily' De$endant "ontinued (is lo)e a$$airs wit( 4olita until s(e disappeared $rom t(e parental (ome' +ndeed, no ot(er "on"lusion "an be drawn $rom t(is "(ain o$ e)ents t(an t(at de$endant not only deliberately, but t(roug( a "le)er strategy, su""eeded in winning t(e a$$e"tion and lo)e o$ 4olita to t(e e>tent o$ (a)ing illi"it relations wit( (er' T(e wrong (e (as "aused (er and (er $amily is indeed immeasurable "onsidering t(e $a"t t(at (e is a married man' Verily, (e (as "ommitted an in*ury to 4olita;s $amily in a manner "ontrary to morals, good "ustoms and publi" poli"y as "ontemplated in 3rti"le 51 o$ t(e new Ci)il Code' Tan,an!o v CA (1966) Tan*an"o "ourted 3ra"eli Santos, bot( o$ adult age' T pro$essed (is undying glo)e and a$$e"tion $or S w(i"( S re"ipro"ated' T<s promised to marry S, so S "onsented and a""eded to T<s pleas $or "arnal #nowledge' T(ey regularly (ad se> $or a year' T(ey "on"ei)ed a "(ild and to a)oid embarrassment, S resigned (er *ob as se"retary in +B/ (ils but T was unable to support (ersel$ and (er baby' T re$used to marry S' +s T liable $or moral damages under 3rt 51' Voluntariness and mutual passion is in"ompatible wit( idea o$ de"eit' T(e essential $eature is sedu"tion, t(at in law is

more t(an mere se>ual inter"ourse, or a brea"( o$ a promise o$ marriage9 it "onnotes essentially t(e idea o$ #e!eit, enti!e&ent, su erior o/er or abuse o% !on%i#en!e on the art o% the se#u!er to w(i"( t(e woman (as yielded'
To "onstitute sedu"tion t(ere must in all "ases be some su$$i"ient promise or indu"ement and t(e woman must yield be"ause o$ t(e

Torts and Damages Session 15-19 promise or ot(er indu"ement' D% she !onsents &ere"+ %ro& !arna" "ust an# the inter!ourse %ro& &utua" #esire, there is no se#u!tion7 4o&in-o v )a"i/at Ouisaba v Sta Dnes-)e"a"e Veneer M ="+/oo# Dn! (197E) N ser)ed respondent $or 1M years' =yde, V o$ resp, was instru"ted to buy logs $or "ompany plant, N re$used alleging it was in"onsistent wit( (is wor# as internal auditor' =yde warned N t(at $ailure to do t(e instru"tion will be a ground $or dismissal' N sued damages $or "onstru"ti)e dismissal' The *ri-ht* o% the res on#ents to #is&iss Ouisaba shou"# not be !on%use# /ith the manner in /hi!h the ri-ht /as e$er!ise# an# the e%%e!ts %"o/in- there%ro&7 D% the #is&issa" /as #one anti-so!ia""+ or o ressive"+ , as t(e "omplaint alleges, t(en t(e respondents )iolated arti"le 1B&1 o$ t(e Ci)il Code w(i"( pro(ibits a"ts o$ oppression by eit(er "apital or labor against t(e ot(er, and arti"le 51, w(i"( &a.es a erson "iab"e %or #a&a-es i% he /i"%u""+ !auses "oss or in,ur+ to another in a manner t(at is !ontrar+ to &ora"s, -oo# !usto&s or ub"i! o"i!+, the san!tion %or /hi!h, b+ /a+ o% &ora" #a&a-es, is pro)ided in arti"le 5519, no' 1&' 0er&osisi&a v CA (1960) Soledad Cagigas was a tea"(er w(ile =ermosisima was 1& years younger' T(ey were lo)ers and introdu"ed t(emsel)es as engaged e)en t(oug( no promise o$ marriage was ta"#led between t(em' SC was pregnant, = promised to marry (er' T(eir son was born but a$ter B days, = married ,omanita ere?' T(e a"tion $or brea"( o$ promises to marry (as no standing in t(e "i)il law, apart $rom t(e rig(t to re"o)er money or property ad)an"ed ' ' ' upon t(e $ait( o$ su"( promise' 1ot morally liable $or sedu"tion' Complainant -surrendered (ersel$- to petitioner be"ause, -o)erw(elmed by (er lo)e- $or (im, she #wanted to bind# #by having a fruit of their engagement even before they had the benefit of clergy'?ass&er v Ve"e< (196E) !ran"is"o Vele? and Beatri? 6assmer de"ided to get married and set t(eir wedding on Sept :, 195:' 7n Sept 5, Vele? le$t a note $or 6assmer stating t(at t(ey s(ould postpone t(eir marriage be"ause (er mot(er opposed to it' But t(e ne>t day, (e sent a telegram but t(eir marriage will pus( t(roug(' Vele? was not (eard o$ again' 6 sued $or damages' %& ; t h i " " o < a # a

3rt 51' Surely t(is is not a "ase o$ mere brea"( o$ promise to marry' 3s stated, &ere brea!h o% ro&ise to &arr+ is not an a!tionab"e /ron-' But to $ormally set a wedding and go t(roug( all t(e abo)e-des"ribed preparation and publi"ity, only to wal# out o$ it w(en t(e matrimony is about to be solemni?ed, is 2uite di$$erent' T(is is palpably and un*usti$iably "ontrary to good "ustoms $or w(i"( de$endant must be (eld answerable in damages in a""ordan"e wit( 3rti"le 51 a$oresaid' Castro v )era"!o () To"e#o v Sau"o- Transit Cor 6Kuitab"e Ban.in- Cor

v 2ura" Dnsuran!e Suret+ Co

0eirs o% =e#ro v Ta+a-, ,r v A"!antara (19'0) Tayag Sr was riding a bi"y"le w(en (e was bumped and (it by (il ,abbit Bus dri)en by Villa' Tayag<s (eirs sued 4,B $or (is deat(' 4,B mo)ed to suspend t(e "i)il a"tion w(ile "riminal a"tion on t(e dri)er is still pending' T(e "rim "ase was dismissed based on reasonable grounds' Ci)il a"tion was instituted but 4,C opposed "laiming (eirs (as no "ause o$ a"tion sin"e dri)er was a"2uitted in "riminal a"tion' 3rt %1' T(is re$ers to "i)il a"tion based, not on t(e a"t or omission "(arged as a $elony in a "riminal "ase, but one based on an obligation arising $rom ot(er sour"es, li#e 2uasi-deli"t' 3ll t(e essential a)erments $or a 2uasi-deli"tual a"tion are present, namely0 1' a"t or omission "onstituting $ault or negligen"e on t(e part o$ respondent 5' damage "aused by said a"t or omission %' dire"t "ausal relation between damage and t(e a"t or omission :' no pre-e>isting "ontra"tual relation between t(e parties' 3i& M taha v =on!e #e 3eon M )a##e"a (1975) Ta(a sold a boat to 3lberto' 3$ter a year, 3 sued T $or $or"ibly ta#ing (is boat' T(e $is"al @ on"eA $iled a "ase $or robbery wit( $or"e and intimidation against Ta(a' T(e bost was impounded' 8pon its sei?ure it was e>posed to elements t(at made it wort(less and beyond repair' 3re respondents "i)illy liable $or damages to petitioners su$$ered by t(em $rom t(e sei?ureQ

Torts and Damages Session 15-19 1o law grants $is"al power to issue sear"( warrants, mu"( less to order wit(out warrant t(e sei?ure o$ a personal property e)en i$ it was t(e "orpus deli"ti o$ t(e "rime' 3 person w(ose "onstitutional rig(ts (a)e been )iolated or impaired is entitled to a"tual @%#A and moral @1#- illegality o$ sei?ureA damages $rom t(e publi" o$$i"ers or .. responsible t(ere$or T e>emplary damages' 3ttorney<s $ees @B5& $or )iolation o$ "onsti rig(tsA' T(e )ery nature o$ 3rti"le %5 is t(at t(e wrong &a+ be !ivi" or !ri&ina"' +t is not ne!essar+ t(ere$ore t(at t(ere s(ould be &a"i!e or ba# %aith' To ma#e su"( a re2uisite would de$eat t(e main purpose o$ 3rti"le %5 w(i"( is t(e e$$e"ti)e prote"tion o$ indi)idual rig(ts' ubli" o$$i"ials in t(e past (a)e abused t(eir powers on t(e prete>t o$ *usti$iable moti)es or good $ait( in t(e per$orman"e o$ t(eir duties' re"isely, t(e ob,e!t o$ t(e 3rti"le is to ut an en# to o%%i!ia" abuse b+ the "ea o% -oo# %aith ' Caran#an- v Santia-o an# Va"enton (1955) V was $ound guilty $or $rustrated (omi"ide against C' 6(ile "rim "ase was pending, C $iled $or damages' T(e "i)il "ase was suspended upon motion o$ V' C "laims t(at 3rt %% stated t(at in "ases o$ de$amation, $raud and p(ysi"al in*uries, separate "i)il a"tion is allowed' The ter& ( h+si!a" in,uriesF in Art LL is not in the =D in 2=C7 +t s(ould be understood to mean bo#i"+ in,ur+, not the !ri&e o% h+si!a" in,uries, be"ause t(e terms used wit( t(e latter are general terms' +$ t(e intent (as been to establis( a "i)il a"tion $or t(e bodily (arm re"ei)ed by t(e "omplainant similar to t(e "i)il a"tion $or assault and battery, as t(e Code Commission states, t(e "i)il a"tion s(ould lie w(et(er t(e o$$ense "ommitted is t(at o$ p(ysi"al in*uries, or $rustrated (omi"ide, or attempted (omi"ide, or e)en deat(' 3s noti"e is re2uired w(ere t(e "ause o$ a"tion is $ounded on injury to the person, it (as no appli"ation w(en t(e damages soug(t are for the death of the person. T(e "ourt ruled t(at a "laim to re"o)er $or deat( resulting $rom personal in*ury is as "ertainly -$ounded on in*ury to t(e person'2e+es v Se& io 4+ (19'6) Cristina /ali"si was "(arged wit( intriguing against (onor by ,eyes' / pleaded guilty and was $ined wit( 5&' Be"ause o$ t(e plea o$ guilt, , was not able to present e)iden"e to pro)e damages, nor did s(e ma#e reser)ation to $ile a %1 ; t h i " " o < a # a

separate "i)il a"tion $or damages' , $iled a new "i)il "ase $or damages' mere appearan"e o$ a pri)ate prose"utor in t(e "riminal "ase against t(e (erein pri)ate respondents did not ne"essarily "onstitute su"( inter)ention on t(e part o$ t(e aggrie)ed party as "ould only import an intention on (er part to press (er "laim $or damages in said "riminal "ase and a wai)er o$ (er rig(t to $ile a separate "i)il a"tion $or damages' Be"ause t(e a""used (ad pleaded guilty upon arraignment and was immediately senten"ed, t(ere was no "(an"e $or t(e aggrie)ed party to present e)iden"e in support o$ (er "laim $or damages and to enter a reser)ation in t(e re"ord to $ile a separate "i)il a"tion' 8nder 3rti"le %% o$ t(e Ci)il Code t(ere is no re2uirement t(at as a "ondition to t(e $iling o$ a separate "i)il a"tion $or damages a reser)ation to $ile said "i)il a"tion be $irst made in t(e "riminal "ase and su"( reser)ation is not ne"essary, t(e pro)ision o$ ,ule 111, Se"tion 5 notwit(standing' Berna"#es v Boho" 3an# Trans ortation (196L) lainti$$<s son was a passenger o$ a bus o$ de$endant t(at $ell o$$ a pre"ipe' =e $iled $or damages $or t(e deat( o$ (is son' De$endant mo)ed to dismiss on t(e ground t(at its dri)er was a"2uitted in t(e "riminal "ase on reasonable doubt and t(at B inter)ened in prose"ution in "riminal "ase' 3rti"le %1 CC' T(is pro)ision e)idently re$ers to a "i)il a"tion based, not on t(e a"t or omission "(arged as a $elony in a "riminal "ase, but to one based on an obligation arising $rom ot(er sour"es, su"( as law or "ontra"t' 8pon t(e ot(er (and it is "lear t(at a !ivi" a!tion base# on !ontra!tua" "iabi"it+ o% a !o&&on !arrier is #istin!t %ro& the !ri&ina" a!tion institute# a-ainst the !arrier or its e& "o+ee base# on the "atter8s !ri&ina" ne-"i-en!e' T(e $irst is go)erned by t(e pro)isions o$ t(e Ci)il Code, and not by t(ose o$ t(e ,e)ised enal Code, and it being entirely separate and distin"t $rom t(e "riminal a"tion, t(e same may be instituted and prose"uted independently o$, and regardless o$ t(e result o$ t(e latter' 3ppellant;s a"tion "on"erned t(e "i)il liability @"ulpa "ontra"tualA o$ appellee as a "ommon "arrier, regardless o$ t(e liabilities o$ its dri)er w(o was "(arged in t(e "riminal "ase' The %ai"ure, on the art o% the a e""ants, to reserve their ri-ht to re!over !ivi" in#e&nit+ a-ainst the !arrier !an not in an+ /a+ be #ee&e# as a /aiver, on their art, to institute a se arate a!tion a-ainst the "atter base# on its !ontra!tua" "iabi"it+, or on culpa aquiliana, un#er Arti!"es 1902-1910 o%

Torts and Damages Session 15-19 the Civi" Co#e' 3s a matter o$ $a"t, such reservation is already implied in the law which declares such action to be independent and separate from the criminal action ' /oreo)er, it (as been (eld t(at t(e duty o$ t(e o$$ended party to ma#e su"( reser)ation applies only to de$endant in t(e "riminal a"tion, not to persons se"ondarily liable'

%5 ; t h i " " o < a # a