Torts Notes Compilation

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<p>Lil's Notes |Torts | 22 Nov 2011Aquino pp. 1-11 Tort : French torquere, to twist Common Law o Unlawful violation of a private right, not created by contract, and which gives rise to an action for damages o It is an act or omission producing an injury to another, w/o any previous existing lawful relation of which the said act or omission may be said to be a natural outgrowth or incident o Private or civil wrong or injury, other than breach of contract o Black's Law Dictionary: There must always be violation of some duty that must arise from operation of law and not by mere agreement of the parties. o There is no universal formula for tort liability. o Includes: Intentional torts : assault, battery, etc. Negligence : Voluntary acts or omissions w/c result in injury to others, w/o intending to cause the same Strict Liability : person liable independent of fault or negligence upon submission of proof of certain facts Philippine Tort Law o Art 1157 (quasi-delict as a source of obligation),Art. 2176 to 2194 Provisions on Tort in NCC influenced by law and decisions in different countries Spain Roman Law US pol &amp; eco relations b/w US &amp; PH, common law Concept of right and wrong essentially the same throughout world. Roman Law (Institutes) main source Liability of judge misconduct s case, gives wrong decision Liability of occupier of bldg for 2x damage for anything thrown or forced out of the bldg. no matter by whom, on a public place (Art 2193) Liability of occupier if thing he suspended on a bldg falls and damages something if it fell Liability of inn keepers, shop keepers, stables for theft or damage caused by slaves or employees (Art 2000) Code Commission's general plan was for the NCC to cover unintentional acts and intentional acts to be governed by RPC, thus "tort" does not appear in NCC However, other statutes and jurisprudence by SC deviated from general plan and included intentional acts in torts. (Broader Definition) SC: Tort breach of legal duty SC: Tort the violation of a right given or omission of statutory duty imposed by law (Naguiat v. NLRC) Catch-All Provision: Arts 19-21 embody Anglo-Amer concept of tort. (include malice) PH Torts include: o Defamation o Fraud o Physical Injuries o Violation of Constitutional Rights o Negligence o Interference w/ contractual relations o Violation of Privacy o Malicious Prosecution o Product Liability o Strict liability for possession of animals o Abuse of right (CC Art 19) o Acts w/c violate good morals &amp; custom (NCC Art 21) o Civil liability arising from criminal liability Torts adopted by SC even before NCC o Art 1902. Any person who by any act or omission causes damage to another by his fault or negligence shall be liable for the damage so done. Art 2176 included intentional acts. (Elcano v. Hill) Justice Bocobo: remove phrase " not punishable by law" may lead to following the letter but not spirit of law, so phrase removed from NCC. Civil Negligence : culpa aquiliana : quasi-delict : culpa extra-contractual : cuasi-delito Art 2177: acquittal from an accusation of criminal negligence shall not be a bar to a subsequent civil action, not for civil liability arising from criminal negligence, but for damages due to quasi-delict or culpa aquiliana Purpose of Tort Law o Peaceful means of adjusting rights of parties o Deter wrongful conduct o Encourage socially responsible behavior o Restore injured parties to their original condition, as much as law can do this through compensation for injury. o Reduce the risks and burden of living in the society and to allocate them among the members of society (Phoenix v. IAC)</p> <p>-</p> <p>o</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>o</p> <p>-</p> <p>Report of the Code Commission (1948) pp. 161-163 Solutio Indebiti : Art 2175 : payment by mistake Quasi-Delict: obligations that do not arise from law, contracts, quasicontracts or criminal offenses. Quasi-Delict closest to ancient law of Lex Aquilia. Art 2199 : blending of American and Spanish Philippine law. (proximate cause, contributory negligence) Special Provisions for motor vehicle mishaps (2204-2206) Sergio Naguiat doing business under the name of Sergio F. Naguiat Ent. Inc. &amp; Clark Field Taxi Inc. (CFTI) v. NLRC, Nat'l Org of Workingman and its members, Leonardo Galang etal (13 Mar 1997, Panganiban)</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>Labor Case Clark Air Base closed, ending CFTI's concessionaire's contract with Army Air Force Exchange Services (AAFES) and causing employees of CFTI to be separated from service. Some employees asking for more separation pay. Boundary fee $26.50-27.00. Minimum earning $15/day for 3-4 days a week. Driver's union agreed to sep. pay of P500/year of service, other union members would not accept this agreement, filed case. Naguiat: great financial losses and lost business opportunity Naguiat: Sergio F Naguiat Ent separate entity, should not be solidarily liable with CFTI Naguiat: Sergio and Antonin only officers and stockholders of CFTI, should not be personally accountable for corporate debts. NLRC: o First decided to give P1200/year of service: humanitarian consideration o After appeal by union, separation pay $120 for every year of service o Sergio Naguiat Ent. Inc., Sergio &amp; Antonin Naguiat jointly and severally liable with CFTI. Issue: Are officers of corporations ipso facto liable jointly and severally with the companies they represent for the payment of separation pay? SC: Closure of business does not mean company suffered great financial loss. Closure due to phaseout of bases, not business losses. SC: NLRC gave decided on correct amount based on Art 283 of Labor Code. (1/2 month pay for every year of service) SC: Naguiat Enterprises not liable bec. Union members employees of CFTI and not Naguiat. No evidence that Naguiat indirect employer. SC: Sergio supervising employees as President of CFTI. Naguiat not involved in taxi business, but in trading SC: Sergio, as company president of CFTI, solidarily liable with CFTI in the</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>broader sense of justice. Sergio actively managed the business. SC: Corpo Code: Closed Family Corp. stockholder who manage business personally liable for corporate tort unless the corporation has obtained reasonably adequate liability insurance. (Sec 100, p5) No tort liability insurance, determine if there was "Corporate Tort" Essentially, "tort" consists in the violation of a right given or the omission of a duty imposed by law" Tort is a breach of legal duty. SC: Art 283 of Labor Code requires employer to give separation pay upon closure of business law imposed duty or obligation. SC: Antonin not liable, did not really manage business.</p> <p>-</p> <p>-</p> <p>Liwayway Vinzons-Chato v. Fortune Tobacco Corp (19 Jun 2007, Ynares-Santiago) Chato : Comm of BIR 10 Jun 1993: RA 7654 effective 3 July 1993. Prior to RA7654, Champion, Hope &amp; More cigarettes considered local brands subject to ad valorem tax of 20-45% 1 Jul 1993: RMC 37-93 reclassified Champion, Hope and More as locally manufactured cigarettes bearing a foreign brand subject to 55% tax, subjecting cigarette brands to Sec 142(c)(1) which applies to locally manufactured cigarettes currently classifled and taxed at 55% 2 July 1993, 5:50pm : RMC 37-93 faxed to Fortune, addressed to no one in particular. 30 July 1993,: after MR's, Fortune assessed tax deficiency of ~Php9.6M CTA, CA and SC ruled RMC 37-93 invalid and unenforceable. (short of req'm for valid admin issuance) 10 Apr 1997: Fortune sues Chato for damages in her private capacity under Art 32 of NCC (RMC 37-93 violated Fortune's constitutional right against deprivation of property w/o due process of law and the right to equal protection of the laws. Chato files motion to dismiss: Issued RMC in the performance of her official function, no cause of action for lack of</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>-</p> <p>allegation of malice and bad faith, cert against forum-shopping. RTC: can't dismiss, premature since parties have not presented evidence CA: Art 32 of NCC: Liability may arise even if defendant did not act with malice of bad faith. Admin Code (Sec 38 Bk 1) general law on civil liability while Art 32 of NCC special law that governs this case. Admin Code: liability only attaches if there is clear showing of bad faith, malice or gross negligence where public officer violated a constitutional right of plaintiff. (Superior Officer) o Subordinate Officer: civilly liable for willful or negligent acts done by him which are contrary to law, morals public policy and good customs even if he acts under orders of superior. Art 32: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages. (to end official abuse) Issue: WON Administrative Code or NCC should be applied? NCC SC: Art 32 of NCC controlling. SC: The special law must prevail since it evinces legislative intent more clearly than that of a general statue and must not be taken as intended to affect the more particular and specific provisions of the earlier act, unless it is absolutely necessary so to construe it in order to give its words any meaning at all. SC: Special Law exception SC: Art 32 patterned after tort in American Law.(commission or omission of an act by one, w/o right, whereby another receives some injury, directly or indirectly, in person, property, or reputation.) No need for evil intent. SC: intent of leg. To create a distinct cause of action in nature of tort for violation of constitutional rights, irrespective of motive. Admin Code: deal in particular with liability of gov't officials BUT subject is</p> <p>-</p> <p>-</p> <p>general. ("Acts" done in performance of official duties, no specific act or omission) Art 32 specifies "act" tort for impairment of rights &amp; liberties. Subject is particular or specific provision. SC Dispositive: motion to dismiss denied, continue proceedings in RTC Marikina.</p> <p>Prosser v. Keeton pp. 1-7 No definition, civil wrong, pervades entire law. Harm/justification, difficult to tell Characteristics of Tort o Harm results or about to result o Capable of being compensated in action of law for damages, though other remedies available o Breach of duties fixed and imposed upon parties by law itself, even w/o their consent (ex driving responsibly) Liability in tort is based upon relations of persons with others, may arise with large groups or classes of persons or singly/individually Liability based on conduct which is socially unacceptable. Reasonable standards, reasonable balance b/w plaintiff's claim to protection and defendant's claim to freedom of action. Accounting? Act may be reasonable logically, but be regarded as socially unreasonable (ex trespassing thinking on own land, protect scope of property rights) Torts Under the Spanish Law "Tort" as understood in common law not found in Spanish law. Nearest translation "culpa extracontractual" But tort exists in Spanish legal system under different name and condition Ex Art 1902. Any person who by an act or omission causes damage to another when there is fault or negligence shall be obliged to repair the damage so done" Classification of Tort o Arising out of crimes or</p> <p>Lil's Notes |Torts | 22 Nov 2011misdemeanors (RPC) *Acts or omissions not punished by law. (CC 1093) Acts &amp; omissions w/c are illicit (Art 1089) refers to penal acts, Acts &amp; omissions in which any kind o fault or negligence intervenes (Art 1089) refers to tort (1093) Culpa or negligence o Substantive an incident in the performance of an obligation w/c already exists. o Independent obligation b/w persons nto formerly bound by any other obligation Art 1089: Obligations are created by law, by contracts, by quasi-contracts, by illicit acts and omissions or by those in which any kind of fault or negligence occurs. Art 1092: Civil obligations, arising from crimes or misdemeanors, shall be governed by the provisions of the Penal Code Art 1093: Those arising from acts and omissions in which faults or negligence, not punished by law, occur, shall be subject to the provisions of chapter second of title sixteen of this book. 1092 and 1093 show Spanish codifiers' intention to classify private wrongs. Private wrongs arising from crimes or misdemeanors o How to enforce? o (1) merging civil action in criminal prosecution o (2) bringing separate civil action in special cases only (adultery, etc) o (3) independent civil action in all cases irrespective of whether the civil liability arie from private or public wrongs. o 1882 case in Spain, dog bit plaintiff : party injured in criminal case may institute penal and civil action jointly or o separately, but only in the case in which the civil action is renounced or expressly reserved. If civil action conducted jointly with criminal action, cannot bring another civil action and plaintiff must content herself with adjudication in criminal case. o 1902: While criminal case pending, no separate civil action may be instituted until final judgment of penal action. Provisional acquittal does not give the right to institute separate civil suit. o (Fernandez v . Perez) Spanish law, additional penalty/indemnity (intangible damage) only granted if defendant guilty in criminal proceeding. o Crimes of public action (involuntary), Crimes of individual action (voluntary) 2 remedies in Art 1092 of CC. (1) Public Prosecutor to join civil and criminal actions, (2) Instituting separate civil action independent of criminal action w/o waiting for institution of criminal action. No conviction necessary (Art 116) (Art 114) if criminal action instituted subsequently, civil action suspended. Act 277 of Philippine Commission: The pendency of a criminal appeal does not suspend prosecution of the civil suit, and a judgment in one is no bar to the prosecution of the other. Civil action can be instituted independently. Civil liability was not intended to be merged in the criminal nor even to be suspended thereby, except as expressly provide in the law. (1093) Acts &amp; Omissions not punished by Law o Lex Aquilia. Reparation for injuries corpora corpori (injuries done by wrongdoer on property of plaintiff and corpora sed non corpora (injuries caused indirectly by the fault of the defendant, either to the owner of the property injured, or to any one having an interest in it) o Fault of positive character : 2x damages, fault of omission insufficient o Injury to person or reputation o Practicing when unqualified Injuries real or verbal Quasi-Delict: an incident by which damage is done to the obligee (even w/o negligence or intention), and for which damage the obligor is bound to make satisfaction (Austin) Quasi-ex-delicto: damage by employee, etc, owner liable. Noxas dare: owner frees himself from liability by abandoning slave or animal. Repair injury Nature and character of damages recoverable in an exclusively civil action ari...</p>