Aquino. Torts and Damages

Question 1

Chapter 1 - General Considerations

1. Tort Defined

Question 2

Chapter 1 - General Considerations

2. Philippine Tort Law
   A. Sources

Question 3

Chapter 1 - General Considerations

2. Philippine Tort Law
   B. Scope and Applicable Laws
   a. Catch-all Provisions

Answer 3

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.

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 damage.

Question 4

Chapter 1 - General Considerations

2. Philippine Tort Law
   B. Scope and Applicable Laws
   b. Expanded Scope of Quasi-Delict

Question 5

Chapter 1 - General Considerations

2. Philippine Tort Law
   B. Scope and Applicable Laws
   c. View that Article 2176 is limited to negligence

Question 6

Chapter 1 - General Considerations

3. Purposes of Tort Law
   A. Major Purposes

Question 7

Chapter 1 - General Considerations

3. Purposes of Tort Law
   B. Balancing of Conflicting Interests

Question 8

Chapter 1 - General Considerations

4. Fundamental Principles
   A. Equity and Justice

Question 9

Chapter 1 - General Considerations

4. Fundamental Principles
   B. Democracy

Question 10

Chapter 1 - General Considerations

4. Fundamental Principles
   C. Human Personality Exalted

Question 11

Chapter 1 - General Considerations

5. Justification of Tort Liability
   A. Moral Perspective

Question 12

Chapter 1 - General Considerations

5. Justification of Tort Liability
   B. Social and Economic Perspective

Question 13

Chapter 1 - General Considerations

6. Persons who can Sue and be Sued for Tort
   A. Plaintiffs: Persons who are Entitled to Damages

Question 14

Chapter 1 - General Considerations

6. Persons who can Sue and be Sued for Tort
   B. Defendants: Persons who may be Held Liable

Question 15

Chapter 1 - General Considerations

6. Remedies

Answer 15

Legal remedies are either preventive or compensatory. Every remedy in a certain sense is preventive because it threatens certain undesirable consequences to those who violate the rights of others.

The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant. The remedy of the injured person is therefore primarily an action for damages against the defendant.

Question 16

Chapter 1 - General Considerations

7. Alternative Compensation Schemes
   A. Insurance

Answer 16

The “no-fault” provision of Article 378 of the Insurance Code makes sure that there will be indemnity to persons suffering loss in motor vehicle accidents. The injured party would not be burdened by the inconvenience of litigation because he can recover without proving fault or negligence.

Question 17

Chapter 1 - General Considerations

7. Alternative Compensation Schemes
   B. Worker’s Compensation

Answer 17

Article 166 of the Labor Code provides that the State shall promote and develop a tax-exempt employee’s compensation program whereby employees and their dependents may promptly secure adequate income benefits and medical or related benefits in the event of work connected disability or injury. The present controlling statutory provisions on employee’s compensation are Articles 167 to 208 of the Labor Code.