CIVIL LAW REVIEWER

QUASI CONTRACTS
- It is the juridical relation that arises thorough certain lawful, voluntary and unilateral
acts to the end that no one shall be unjustly enriched or benefited at the expense of
the another.

KINDS:
1. Nominate
2. Innominate

NEGOTIORUM GESTIO - Juridical relation that arises when one called the officious
manager voluntarily takes charge of the agency or management of the business or
property of another without any power from the latter. He 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 the position to do so.

- If two or more OM, Solidarily liable

- EXC: When the management was assumed to save the thing or business from
IMMINENT DANGER.

NO NEGOTIORUM GESTIO IF:

1. When the property or business is not neglected or abandoned.
2. If he is tacitly authorized by the owner.
3. There is a contract
4. Act is unlawful
5. No unjust enrichment

OBLIGATIONS OF OM:
1. Continue the same until termination of the affair or incidents
2. Perform duties with DOAGFOAF
3. Pay damages if owner suffered damages through his fault or negligence
4. Be liable for the acts of the delegate if the OM delegates another person to do the
duties
5. Be liable for Fortuitous events
6. Personally liable for contracts he entered with third persons though acted in the
name of the owner.

LIABILITY FOR FORTUITOUS EVENT:

1. Undertakes risky operations which the owner is not accustomed to
2. Preferred his own interest than that of the owner
3. Delay in the return
4. Assumed in bad faith
5. Manifestly unfit to carry on the management
- EXC: Imminent danger
6. He prevented a more competent person to manage.
- EXC: Imminent danger

OM IS NOT PERSONALLY LIABLE IF:

1. Owner ratified the contract

© Edward Vange Arriba Page 1 of 13

 CIVIL LAW REVIEWER

2. Contact refers to things pertaining to the owner of the business.

OBLIGATIONS OF OWNER:
1. Liable for obligations incurred in his interest
2. Reimburse OM for necessary and useful expenses
3. Reimburse OM for damages

REQUIREMENTS FOR LIABILITY OF OWNER:

1. Benefit of owner
2. When done for the purpose of prevention of imminent and manifest loss ALTHOUGH
no benefit was derived.
3. OM acted in good faith
4. Property or business is intact and may be returned to the owner.

- Ratification of owner results to EXPRESS AGENCY even if not successful

EXTINGUISHMENT
1. Owner repudiates
2. OM withdraws from management
3. Death, Civil interdiction, insanity or insolvency of the owner or OM

SOLUTIO INDEBITI - Arises if something is received when there is no right to demand it,
and it was unduly delivered through mistake.

- Obligation to return it arises.

REQUISITES:
1. Delivery to payee
2. Payee has no right to demand
3. Delivery was through mistake

-Payment by reason of mistake in the construction or application of doubtful provisions

of law is SI.
- It is presumed that there was a mistake in the payment of something which had
never been due or had already been paid.
- If two or more payees, they are solidarily liable.

OBLIGATIONS OF PAYEE:
1. Return
2. If bad faith, Pay legal interest or shall be liable for fruits received

- If Bad faith, He shall be answerable for the loss or impairment for any cause and
damages to the person who delivered.
- If Good faith, He shall only be responsible for the impairment or loss of the same or its
accessories and accessions as he has been benefited. If he alienated it, He shall
return the price.

© Edward Vange Arriba Page 2 of 13

 CIVIL LAW REVIEWER

- If the property or money belongs to third person, the payee must advice the third
person and the third person must claim it within one month OTHERWISE, The payee is
no longer responsible for the return thereof.

INNOMINATE QUASI CONTRACTS:

1. Support by stranger -the person who is obliged to give support must reimburse.
2. Funeral expense - Even without the knowledge of the relatives, the relatives shall
reimburse him
3. Support to orphans - If one who is obliged to support refuses to do so, third person
may furnish support. He may still be reimbursed.
4. Medical Expenses - If became seriously ill and not in the condition to give consent,
He shall be liable for the services of the physicians or other persons aiding him
5. Non compliance with heath and safety regulations - the government shall be
reimbursed even with the objection
6. Loss prevention measures - When he objected to the plan but was benefited, he
shall be liable to pay his share

TORTS AND DAMAGES

TORTS - act or omission producing an injury to another without a need of any previous
existing lawful relation of which the said act or omission may be said to be natural
outgrown or incident. It is a breach of legal duty

KINDS OF TORTIOUS CONDUCT:

1. Intentional tort - actor desires to cause the consequences of his act
2. Negligence - Voluntary acts or omission that result in injury of others without
intending to case the same where the actor fails to exercise due care
3. Strict Liability - Person is made liable independent of fault or negligence upon
submission of proof of certain facts. Fault or negligence are immaterial

- Art 19, 20, 21 are catch all provisions

QUASI DELICT (CULPA AQUILIANA) - Whoever by act or omission causes damage to

another there being fault or negligence is obliged to pay for damages done. There
must be no pre existing contractual relation

REQUISITES:
1. Act or omission constituting fault or negligence
2. Damage
3. Causal relation between the damage and act

CULPA AQUILIANA CULPA CONTRACTUAL

There is no need for a contract There must be a perfected contact

General duty of care owed to the public Foundation of liability is contract

Diligence is DOAGFOAF Extraordinary diligence in common carriers

© Edward Vange Arriba Page 3 of 13

 CIVIL LAW REVIEWER

CULPA AQUILIANA CULPA CONTRACTUAL

Both employer and employee are liable Employer is liable

Direct, primary and solidary liability of Employer is directly liable but not solitary
employer and employee

Vicarious liability Directly imposed to the employer

Negligence must be established Negligence is presumed

QUASI DELICT CRIME

Private concern Public concern

Civil code RPC

Includes all acts in which any kind of fault or Punished if there is penal law clearly punishing
negligence intervenes

Direct and primary liability Subsidiary

- A single act or omission may give rise to two or more causes of action
- The responsibility for fault or negligence based on quasi delict is entirely separate and
distinct from the civil liability arising from negligence under RPC. The plaintiff cannot
recover damages twice for the same act or omission

NEGLIGENCE - Omission of that degree which is required by nature of the obligation

and corresponding to the circumstances of persons, time and place.

- Foreseeability if the fundamental test of negligence

- Standard of care is usually DOAGFOAF
- State of mind of the actor is not important. Good faith or use of judgment is
immaterial
- Motive is not important
- Only juridical fault is subject to liability and not moral fault.
- Time and place shall be considered
- Negligence is a relative concept. It varies depending on the circumstances

EMERGENCY RULE - An individual who suddenly finds himself in a situation of danger is

required to act without much time to consider the best means that may be adopted to
avoid the impending danger. He shall not be guilty of negligence unless the
emergency was brought by his own negligence

- Higher degree of diligence if child is another party

- If physically disabled, use the same degree of care that a reasonable careful person
who has the same disability would use.
- Mere intoxication is not negligence

© Edward Vange Arriba Page 4 of 13

 CIVIL LAW REVIEWER

- The insanity of a person does not excuse him or his guardian from liability based on
quasi delict. The act or omission of the person suffering from mental defect will be
judged using the standard test of reasonable man
- Violation of statutory duty constitutes negligence per se.
- There must be causal connection between the statutory violation and injury

PRESUMPTION OF NEGLIGENCE:
1. Driver was negligence if he had been found guilty of reckless driving or violating of
traffic regulations at least twice within the next preceding two months
2. A person driving a motor vehicle has been negligent if at the time of the mishap, he
was violating a traffic regulation. (It does not apply to non motorized vehicles like
bicycle)
3. Prima facie presumption if the death or injury results from his possession of dangerous
weapons or substances except when indispensable in his occupation

RES IPSA LOQUITOR - Where the thing which causes injury is shown to be under the
management or control of the defendant and the accident is such as in the ordinary
course of the things does not happen if those who have the management use proper
care, it affords reasonable evidence, in the absence of an explanation by the
defendant, that the accident arose from want of care.

REQUISITES:
1. Ordinarily does not occur in the absence of someone’s negligence
2. Caused by the instrumentality within the exclusive control of the defendant or
defendants
3. Possibility of contributing conduct which would make the plaintiff responsible is
ELIMINATED.

- The person who abstained from helping the victim is not legally responsible
- EXC: Abandonment of persons in danger under ART 275 of RPC and Duty of the
motor vehicle concerned in a vehicular accident not to leave the scene without
aiding the victim

- The owners of the buildings owe a duty of care to visitors

PROPRIETOR OF BUILDING IS LIABLE FOR DAMAGE IF:

1. Total or partial collapse of the building if it should be due to lack of necessary repairs
2. Explosion of machinery not taken care of with due diligence
3. Excessive smoke which is harmful
4. Falling of trees situated at or near the highways if not caused by Force majeur
5. Emanations from tubes, canals, sewers or deposits of infectious matter constructed
without precautions suitable to the place.

Medical malpractice - Tort liability of medical practitioners for negligence. It may arise
out of delict, quasi delict or contract

- Failure to employ the degree of care and skill which is ordinarily employed by the
profession.

© Edward Vange Arriba Page 5 of 13

 CIVIL LAW REVIEWER

- Physicians are not warrantors of cures or insurers against personal injuries or death of
patients.
- Error of judgment on the part of the doctor does not necessarily result in negligence.
It depends on the nature of the error.
- Failure on the part of the doctor to take a full medical history constitutes negligence
- Doctor who fails to give the proper instructions regarding the frequency and quantity
of medication may be negligent

REQUIREMENTS TO BE LIABLE FOR FAILURE TO GET CONSENT TO TREATMENT

1. Patient physician relationship
2. Doctor has duty to disclose risk information
3. Failure to provide information and it cannot be excused.
4. Had the doctor provided the information, patient would not have consented
5. Doctor’s failure is the proximate cause of injury

CAPTAIN OF THE SHIP DOCTRINE - The head surgeon is made liable for everything that
goes wrong within the four corners of the operating room. Liability not only on the acts
under his physical control but also wherein he has extension of control.

VICARIOUS LIABILITY OF HOSPITALS

1. Vicarious Liability as employer of the doctor, nurses and staff
2. Vicarious Liability as principal of the doctors who are the hospital’s agents either
under an express agreement or Doctrine of apparent authority
- DAA - Even when no Employee-employer relationship but it is shown that the
hospital holds out to the patient that the doctor is its agent.

DOCTRINE OF CORPORATE RESPONSIBILITY - Regardless of its relationship with the doctor,

the hospital may be held directly liable to the patient for its own negligence or failure to
follow established standard of conduct to which it should conform as corporation

EG: For bad facilities. The bed collapsed. Hospital is liable

- A patient cannot be detained in a hospital for non payment of hospital bills

DEFENSES IN NEGLIGENCE
1. Plaintiff’s own negligence was the immediate and proximate cause of his injury
2. Fortuitous event is the proximate and only cause
3. Assumption of risk
4. Barred by prescription (4 years from the time of the commission)
5. Complete involuntariness

CONTRIBUTORY NEGLIGENCE - If plaintiff’s negligence is merely contributory, he still may

recover but it may be mitigated

IMPUTED CONTRIBUTORY NEGLIGENCE - If an employer is injured by the negligence of a

third person but there is concurring contributory negligence of his own employee or
agent, the latter’s negligence is imputed to his SUPERIOR and there will be mitigation of
liability

© Edward Vange Arriba Page 6 of 13

 CIVIL LAW REVIEWER

ELEMENTS OF DOCTRINE OF ASSUMPTION OF RISK (Volenti non fit injuria)

1. Plaintiff must know that the risk is present
2. Understands the nature
3. Chosen such act freely and voluntarily

- EG: Touching live wire despite warnings

PROXIMATE CAUSE - The cause which in nature and continuous sequence, unbroken by
any efficient intervening cause produces the injury and without which the result would
not have occurred.

But for test - It resulted because of the negligence of the defendant

Substantial factor test - Negligence of the defendant is the proximate cause if it is a
substantial factor in bringing the said injury

- Proximate cause it not necessarily the sole cause

- It is still liable even if there are concurrent causes by third persons
- Primary cause remains as proximate cause even if there is an intervening cause
which merely cooperated and did not break the chain of causation
- In cases where there is CONCURRENT CAUSES, they are solidarily liable

JOINT TORTFEASORS - All the persons who command, instigate, promote, encourage,
advise, countenance or abet in the commission of a tort or who approve of it after it is
done if done for their benefit.
- Each are liable as principals

- In motor vehicle mishaps, the owner is solidarily liable with his drive if the former who
was in the vehicle could have by the use of due diligence prevented the misfortune.
- Plaintiff cannot recover if the act is the concurrent proximate cause of the injury

EGG SKULL OR THIN SKULL RULE - The tortfeasor is liable even though the negligent act
caused an injury that is greater than what is usually experienced by normal person
because of prior condition of the plaintiff.

SUFFICIENT INTERVENING CAUSE - New and independent, not under the control of the
original wrongdoer or one by which the exercise of reasonable foresight and diligence,
he should have anticipated and guarded against it. It breaks the continuity of causal
connection.

DOCTRINE OF LAST CLEAR CHANCE - The person who has the last fair chance to avoid
an impending hard and fails to do so is chargeable with the consequences without
reference to prior negligence of another party
- Both are negligent

VICARIOUS LIABILITY
1. Parents or guardians
- Extends to both negligent acts and intentional acts
- They are presumed to be negligent the moment the causative act or omission
arises.

© Edward Vange Arriba Page 7 of 13

 CIVIL LAW REVIEWER

- They are still liable even if the minor is already emancipated by reaching 18
provided that he is below 21.
- Direct and primary liable

2. Schools, administrators and teachers

- By reason of special parental authority
- If school is sued together with teachers/admin, they are jointly and solidarily
liable.
- Liable for a child who is a minor, under their supervision, instruction or custody
- The parents/guardians in this case are only subsidiarily liable
- FOR NON MINOR - The teacher in charge is liable under ART 2180
RULES UNDER ART 2180:
1. Teachers and heads liable for acts of students whether minors or not
2. Teacher in charge is liable for the acts of his students. School and admin not
liable.
3. Only head of school and not the teacher is liable where the injury causes in a
school of ARTS AND TRADE
4. Liability of teacher subsists even if academic or non academic school
5. The student is in the custody of school as long as he is under the control and
supervision of school and within its premises even if semester has already begun or has
ended.

3. Employers
ELEMENTS:
1. Employee-employer relationship
2. Liability for quasi delict
3. Performance of task assigned.

- It is not necessary that the employer is engaged in some industry or business.

- It is not necessary that the task performed by the employee is his regular job or
expressly given to him. It is enough that it such task is indispensable to the business or
beneficial to the employer
- An employee who uses his employer’s vehicle in going from his work to a place
where he intends to eat or in returning to work from a meal is not ordinarily acting
within the scope of his employment in the absence of evidence of some special
business benefit to the employer
- If employee is enabled to reduce his time off and devote more time to the
performance of his duties - ACTING WITHIN THE SCOPE OF EMPLOYMENT
- Traveling to and from the place of work is ordinarily not part of his employment
- An employer who loans his motor vehicle to an employee for personal use is not
liable for employee’s negligence.
- PRESUMPTION OF NEGLIGENCE: When an employee causes damage due to his own
negligence while performing his own duties. IT IS REBUTTABLE BY PROOF OF
OBSERVANCE OF DOAGFOAF.

REGISTERED OWNER RULE - The person who is the registered owner of a vehicle is liable
for any damages caused by the negligent operation of the vehicle although the driver
is not his agent or employee because the vehicle was already sold or conveyed to
another person.

© Edward Vange Arriba Page 8 of 13

 CIVIL LAW REVIEWER

- Municipal corporations, provinces, cities and municipalities shall be liable - For death,
injuries suffered by any person by reason of defective condition of roads, streets,
bridges, public buildings, and other public works under their control or supervision.
- It does not require that they own it. Control or supervision is required
- The local government cannot escape liability by claiming that they do not have a
knowledge of such excavations.
- Vicarious liability of employers apply even if the act of an employee is intentional.
- Authority or responsibilities of the school shall apply to all authorized activities whether
inside or outside school

- STRICT LIABILITY - Person may be held liable independent of fault or negligence

1. POSSESSOR OF ANIMALS is responsible for the damage caused although it may
escaped or be lost.
2. FALLING OBJECTS - The head of the family that lives in a building or part thereof is
responsible for the damages caused by things thrown or falling from the same
3. LIABILITY OF EMPLOYERS to pay death or injuries to their employees. The liability exists
even if the cause is purely accidental or entirely die to FE if the death or personal
injury arise out of and in the course of employment.
- If the mishap was due to the employee’s OWN NOTORIOUS NEGLIGENCE or
voluntary act or drunkness, the employer shall not be liable for compensation.

FELLOW WORKER RULE - If death or injury is due to the negligence go a fellow worker the
latter and employee shall be solidarily liable for compensation.
- If the fellow worker’s intentional malicious act is the ONLY cause - employer is
not liable.

4. PRODUCT LIABILITY - Liability of manufacturers and sellers for the damages resulting
from defective products.

- Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods -
LIABLE FOR NOXIOUS OR HARMFUL SUBSTANCES although no contractual relation
exists
- Any filipino or foreign manufacturer, producer, importer shall be liable for damages
caused to consumers by defects resulting from design, manufacture or construction
or packing of products as well as insufficient or inadequate information on use and
hazards.
- If damage is caused by a component or part incorporated in the product or
service, its manufacturer, builder or importer and person who incorporated the
component are JOINTLY LIABLE.

- The stipulation in a contract of a clause preventing or reducing the obligation to

indemnify for damages is prohibited.

DAMAGES
- Pecuniary compensation, recompense, or satisfaction for an injury sustained or as
otherwise expressed, the pecuniary consequences which law imposes for the breach
of some duty or violation of rights.

- Awards must be monetary

© Edward Vange Arriba Page 9 of 13

 CIVIL LAW REVIEWER

DAMNUM ABSEQUE INJURIA - Damages will not be awarded in the absence of injury.

INJURY - legal invasion of a legal right

DAMAGE - Loss, hurt or harm which results to injury.

KINDS OF DAMAGES:
1. Actual or compensatory
2. Moral
3. Nominal
4. Temperate or moderate
5. Liquidated
6. Exemplary or corrective

- Proof of pecuniary loss is necessary to successfully recover actual damages.

- Proof of pecuniary loss is NOT necessary in moral, nominate, temperate, liquidated or
exemplary.

ACTUAL DAMAGES - Pecuniary loss suffered by him as he has duly proved.

KINDS OF ACTUAL:
1. Dano Emergente - loss of what a person already possesses.
2. Lucro cesante - loss of a benefit that the plaintiff failed to receive.

- In damage to property, the plaintiff is entitled to their value at the time of the
destruction
- In profit earning chattels - value of the chattel to its owner as a going concern at the
time and place of the loss.
- Deprivation of possession only - value of use of the premises.
- In personal injury - Medical expenses and reasonable expenses incurred to treat

- The court may award monthly payments to the person who was injured to answer for
future medical expenses

DAMAGES IN CASE OF DEATH:

1. Civil indemnity ex delicto for death
2. Actual damages
3. Moral
4. Exemplary
5. Attorney’s fees
6. Interest

Civil indemnity:
- fixed damage of 50k (now 75k)
- 75k for murder and in cases where the crime committed where death penalty is
imposed.

- Loss of earning capacity may be awarded when permanently incapacitated.

- Sufficient documentary evidence shall be presented.

© Edward Vange Arriba Page 10 of 13

 CIVIL LAW REVIEWER

EXCEPTIONS: (awarded even without documentary evidence)

1. Award or temperate damages
2. Earning less than minimum wage
3. Non working victims
4. Testimonial evidence sufficiently establishes the loss.

- Living expenses shall be fixed at 50% of gross income in absence of proof

ATTORNEY’S FEES - amount due to the plaintiff and not his counsel.
- The amount agreed upon by the plaintiff and his counsel does not control the
amount of attorney’s fees

CASES WHEN ATTORNEYS FEES CAN BE AWARDED:

1. When exemplary damages are awarded
2. Defendant’s act or omission has compelled the plaintiff to litigate with third persons
or to incur expenses to protect his interest
3. Malicious prosecution
4. Clearly unfounded civil action or proceeding against the plaintiff
5. Defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s
plainly valid and just claim
6. Actions for legal support
7. Recovery of wages of household helpers, laborers
8. Actions for indemnity under WCC
9. Separate civil action to recover civil liability from a crime
10. At least double judicial costs are awarded
11. Court deems it just and equitable.

- Legal interest is now 6% regardless of the source.

MITIGATION OF LIABILITY
1. Doctrine of avoidable consequences applies
2. According to mitigating circumstances present
3. Contributory negligence of the plaintiff.
4. Planting contravened the terms of contract
5. Plaintiff derived benefit

DOCTRINE OF AVOIDABLE CONSEQUENCES - Party suffering loss or injury must exercise

the DOAGFOAF to minimize the damages resulting from the act or omission in question.
- Occurs after the act or omission of the defendant

CONTRIBUTORY NEGLIGENCE - occurs before or at the time the act or omission of the
defendant.

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

© Edward Vange Arriba Page 11 of 13

 CIVIL LAW REVIEWER

- it may be recovered if they are the proximate result of the defendant’s wrong act or
omission.

- Moral damages does not survive death. It cannot be passed to injured party’s
substitutes.

WHEN MORAL DAMAGES BE AWARDED:

1. Criminal offense resulting in Physical injuries
2. Quasi delicts causing PI
3. Seduction, abduction, rape, or acts of lasciviousness
4. Adultery or concubinage
5. Illegal or arbitrary detention or arrest
6. Illegal search
7. Libel, slander or other forms of defamation
8. Malicious prosecution
9. Willful injury to property
10. Bad faith in breach of contract

WHO MAY RECOVER:

1. Victim
2. Parents of female, seduced, raped
3. Spouse, descendants, ascendants and Brothers sisters.

- Corporations or other artificial beings are not entitled to recover moral damages.
- EXCEPTION: LIBEL

NOMINAL DAMAGES - Adjudicated in order that a right of the plaintiff which has been
violated or invaded by the defendant may be vindicated or recognized and not for
the purpose of indemnifying the plaintiff of any loss.

REQUISITES:
1. Plaintiff suffered injury
2. Injury arises because the legal right of the plaintiff is violated
3. No actual or other damages was established or other none appears on injury

- It cannot co exist with actual damages

TEMPERATE OR MODERATE (™) - More than nominal but less than compensatory
damages may be recovered when the court finds that some pecuniary loss has been
suffered aunt its amount cannot from the nature of the case provided with certainty.

eg: injury to goodwill, Future medical expenses where the injury is chronic and
continuing.
- it may be awarded in lieu of the actual damages if no evidence was supported to
support the allegation

LIQUIDATED DAMAGES - agreed upon by the parties to a contract to be paid in case of

breach thereof.

© Edward Vange Arriba Page 12 of 13

 CIVIL LAW REVIEWER

- Without need for proof on the existence.

- It may be equitably reduced by the court if they are iniquitous or unconscionable.
- Not available if breach not contemplated.

EXEMPLARY OR CORRECTIVE DAMAGES - imposed as a deterrent against or as a

negative incentive to curb socially deleterious actions.

REQUISITES:
1. Imposed by way of example in addition to compensatory damages and only after
the claimant’s right to them has been established
2. They cannot be recovered as a matter of right, their determination depending upon
the amount of compensatory damages that may be awarded to the claimant.
3. Accompanied with bad faith or done in wanton, fraudulent, oppressive or
malevolent manner.
4. The plaintiff must show that he is entitled to moral, temperate or compensatory
damages before the court may consider

EG:
1. When one or more aggravating circumstances
2. Acted with gross negligence
3. Wanton, fraudulent, reckless, oppressive manner

_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba

© Edward Vange Arriba Page 13 of 13