TORTS AND DAMAGES POINTERS

Requisites of Malicious Prosecution in Criminal Cases:

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

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

3.       The prosecutor was actuated or impelled by legal malice.

Requisites of Malicious Prosecution in Civil Actions:

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

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

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

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

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

1.       Prying into the privacy of another’s residence;

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

3.       Intriguing to cause another to be alienated from his friends;

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

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

Requisites for filing of action:

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

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

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

Coverage: The law applies only to acts of nonfeasance which means non-performance of some acts which a person is obliged or has responsibility to perform.

Nonfeasance

-          It means the omission of an act which a person ought to do.

Misfeasance

-          It is the improper doing of an act which a person might lawfully do.

Malfeasance

-          It is the doing of an act which a person ought not to do at all.

Acquittal which does not bar civil action

1.       The liability of the accused is not criminal but only civil; or

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

3.       When the civil action is based on quasi-delict, it is not barred.

4.       When acquittal is based on reasonable doubt.

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

Article 309. Any person who shows disrespect to the dead or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages.

Who can file the action for damages against the offenders? SDAB

1.       Spouse

2.       Descendants

3.       Ascendants

4.       Brothers and sisters

Article 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which:

1.       Injures or endangers the health or safety of others; or

2.       Annoys or offends the senses; or

3.       Shocks, defies or disregards decency or morality; or

4.       Obstructs or interferes with free passage of any public highway or street or any body of water; or

5.       Hinders or impairs the use of property.

Kinds of Nuisance

a.       Public Nuisance (Common)

It affects a community or neighborhood or any considerable number of persons, although the extent of annoyance, danger or damage upon individuals may be unequal.

b.       Private Nuisance

It is one that is not included in the foregoing definition.

One which affects an individual or few persons only.

Other Classification of Nuisance

a.       Nuisance per se

That kind of nuisance which is always nuisance.

By its nature, it is always a nuisance at all times under any circumstances regardless of location or surroundings.

b.       Nuisance per accidens

The kind of nuisance by reason of location, surrounding or in a manner it is conducted or managed.

c.        Temporary

If properly attended does not constitute a nuisance

d.       Permanent

By the nature of the structure created a permanent inconvenience.

e.        Continuing

By its nature will continue to exist indefinitely unless abated.

f.        Intermittent

Recurs off and on and may be discontinued at anytime.

Article 701. If a civil action is brought by reason of the maintenance of public nuisance, such action shall be commenced by the city or municipal mayor.

Common Carriers

Contract of Adhesions

-          Which are ready made contracts prepared by the carrier such as plane tickets are not prohibited.

Article 1734. Common carriers are responsible for the loss, destruction or deterioration of the goods, unless the same is due to any of the following causes only:

1.       Flood, storm, earthquake, lightning, or other natural disaster or calamity;

2.       Act of the public enemy in war, whether international or civil;

3.       Act or omission of the shipper or owner of the goods;

4.       The character of the goods or defects in the packing or in the containers;

5.       Order or act of competent public authority.

Article 1736. The extraordinary responsibility of the common carriers lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered constructively, by the carrier to the consignee, and to the person who has right to receive them, without prejudice to the provisions of Article 1738.

Article 1738. The extraordinary liability of the carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee had been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose them.

Article 1744. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid provided it be:

1.       In writing, signed by the shipper or owner;

2.       Supported by valuable consideration other than the service rendered by the common carrier; and

3.       Reasonable, just and not contrary to public policy.

Remedies Of A Passenger Who is Injured Due to the Negligence of the Driver of a Common Carrier:

1.       He can file a criminal case against the driver under Article 365 of the RPC.

2.       He can file the criminal case but may prosecute the civil aspect separately as an independent civil action under Article 33.

3.       He can institute a civil case based on violation of the contract of carriage against the common carrier.

Remedies of a Pedestrian Injured Due to the Negligence of a driver of a Common Carrier:

1.       He can file a criminal action against the driver, just like an ordinary passenger, who is injured by the reason of the negligence of the driver.

2.       He can file an action for damages based on quasi-delict against the driver and against the employer. In case of death of the pedestrian, the heirs may file the civil action based on Article 2206.

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

Remedies of a passenger:

a.       He can file a criminal case against the driver under Article 365 of the RPC.

b.       He can file the criminal case but may prosecute the civil aspect separately as an independent civil action under Article 33.

c.        He can institute a civil case based on violation of the contract of carriage against the common carrier.

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

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

3.       Article 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.

Article 2217. Moral damages include physical suffering, mental anguish, freight, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant’s wrongful act for omission.

4.       Negotiorum Gestio

Article 2144. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. This juridical relation does not arise in either of these instances:

(1)     When the property or business is not neglected or abandoned;

(2)     If in fact the manager has been tacitly authorized by the owner.

Solutio Indebeti

Article 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

5.       Article 1736. The extraordinary responsibility of the common carriers lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has right to receive them, without prejudice to the provisions of Article 1738.

Article 1737. The common carrier’s duty to observe extraordinary diligence in the vigilance over the good remains in full force and effect even when they are temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu.

Article 1738. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose them.

6.       Article 1734. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only:

(1)     Flood, storm, earthquake, lightning, or other natural disaster or calamity;

(2)     Act of the public enemy in war, whether international or civil;

(3)     Act or omission of the shipper or owner of the goods;

(4)     The character of the goods or defects in the packing or on the containers;

(5)     Order or act of competent public authority.

7.       Article 704. Any private person may abate a public nuisance which is specially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. But it is necessary:

(1)     That demand be first made upon the owner or possessor of the property to abate the nuisance;

(2)     That such demand has been rejected;

(3)     That the abatement be approved by the district health officer and executed with the assistance of the local police; and

(4)     That the value of the destruction does not exceed Three thousand pesos.

8.       Article 694. A nuisance is any act, omission, establishment, condition of property, or anything else which:

(1)     Injures or endangers the health or safety of others; or

(2)     Annoys or offends the senses; or

(3)     Shocks, defies or disregards decency or morality; or

(4)     Obstructs or interferes with the free passage of any public highway or street, or any body of water; or

(5)     Hinders or impairs the use of property.

9.       Article 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

Article 699. The remedies against a public nuisance are:

(1)     A prosecution under the Penal Code or any local ordinance; or

(2)     A civil action; or

(3)     Abatement, without judicial proceedings.

Article 705. The remedies against a private nuisance are:

(1)     A civil action; or

(2)     Abatement, without judicial proceedings.

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

(1)     Prying into the privacy of another’s residence;

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

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

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

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

Principle of abuse of rights

-          Principle embodied in article 19. The term is used to refer to acts performed which are not illegal but nevertheless make the actor liable for damages, if in so acting or in exercising his right, his purpose is to prejudice or injure another.

Elements of an abuse of rights:

(1)     There is a legal right or duty;

(2)     Which is exercised in bad faith;

(3)     For the sole intent of prejudicing or injuring another.

12.    Accion in Rem Verso

-          This action is for the recovery of what has been paid without just cause.

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

-          This action is only subsidiary

-          Requisites (Article 22/ Unjust enrichment) are:

(1)     That the defendant has been enriched;

(2)     That the plaintiff has suffered a loss;

(3)     That the enrichment of the defendant is without just or legal ground; and

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

13.    Nonfeasance

-          It means the omission of an act which a person ought to do.

Misfeasance

-          It is the improper doing of an act which a person might lawfully do.

Malfeasance

-          It is the doing of an act which a person ought not to do at all.

14.    Acquittal which bars civil action:

(1)     The accused is not the author of the crime;

(2)     No crime existed;

(3)     If there is a finding that in a final judgment in the criminal action that the act or omission from which civil liability may arise did not exist.

15.    Acquittal which does not bar civil action

(1)     The liability of the accused is not criminal but only civil; or

(2)     The civil liability is not derived from or based on the criminal act of which the accused is acquitted, civil action will still prosper; or

(3)     When the civil action is based on quasi-delict;

(4)     When acquittal is based on reasonable doubt.

16.    Nuisance per se

-          The kind of nuisance which is always nuisance. By its nature, it is always a nuisance at all times under any circumstances regardless of location or surroundings.

Nuisance per accidens

-          The kind of nuisance by reason of location, surrounding or in a manner it is conducted or managed.

Contract of Adhesions

-          Which are ready made contracts prepared by the carrier such as plane tickets are not prohibited.