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Torts and Damages

Repairs the damage by indemnification. Covers all acts that are faulty or negligent.

The result in the criminal case, torts and damages acquittal, or conviction is irrelevant in the independent civil action under the Civil Code JBL Reyes: Negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do.

The failure to observe for the protection of the interest of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such person suffers injury.

Emergency Rule — one who suddenly finds himself in a place danger, and is required to act without time to consider the best torts and damages that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails not to adopt what subsequently and upon reflection may appear to be the better method, unless the emergency in which he finds himself is brought about by his own negligence.

The proximate cause of the torts and damages was his negligence of Raynera who was traveling behind the cargo truck.

He had the responsibility of torts and damages bumping the vehicle in front of him and who has control of the situation. The cargo truck rear was fully lighted.

Proximate cause is that cause which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produce the injury and without which the result would have not occurred.

Austria driving her car very fast bumped a cargo truck improperly parked along the road. She had the last clear chance but failed to take steps to avoid hitting the cargo truck because she had no opportunity to do so. Persons Liable for Quasi Delict: Tort Every person must, in the exercise with his rights and in the performance of his duty, act with justice, give everyone his due, and observe honesty and good faith Art 19 NCC Every person who, contrary to law, willfully or negligently causes damages to another, shall indemnify the latter for the same Art 20 NCC and any person who willfully causes loss or injury to another in a manner that is torts and damages to morals, good customs or public policy shall compensate the latter for the damage Art 21 Torts and damages Wassmer vs Velez, 12 SCRA Contrary to Good Customs Facts: W and V set their wedding for Sept 4, Invitations were distributed to relatives and friends.

Torts and Damages | Law Book | Rex Book Store

Wedding dresses purchased, reception contracted etc. Violation or remission of duty arising from such relationship torts and damages them liable for damages caused by other person under their care or charge.


Parent — father, if dead or incapacitated, mother are responsible for torts and damages caused by minor children living in their company Art NCC 2.

Guardians — are liable for damages caused by the minors or incapacitated person who are under their torts and damages and live in their company. Family Code provides that parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the act or omission or their unemancipated children living in their company and under parental authority subject to the appropriate defenses provided by law.

Philippine Law on Torts and Damages - J. Cezar S. Sangco - Google книги

The Basis of the civil liability torts and damages is primary-direct and solidary imposed by law is the necessary consequence of parental authority exercise over their children.

This authority imposed a duty upon parents to support them, keep torts and damages company, educate and instruct them, and grand the right to correcting punish with moderation.

The boy was acquitted in the criminal suit for having acted without discernment.


This liability is made natural as logical consequences of the duties and responsibilities of parents exercising parental torts and damages which includes controlling, disciplining and instructing their children. A presumption which muris tantum, not juris es de jure, rebuttable-overcome by proof having exercised and observed all the diligence of a good father of a family diligentissimi patris familias.

Note in this case the boy was adopted but it was the natural parent who were held liable as they the actual physical torts and damages of the boy at the time of the shooting. The adoption was approved only after the shooting although the adoption proceeding was filed before the shooting and in between the time the adaptor was abroad.