January 10, 2026 - Regin

1.​ What is the assignment?

Answer: Chapter 1 (Introduction), Chapter 2 (Elements and Types of Torts and
Chapter 3 Justification and Defenses Against Liability. Including the case of
Orient Freight vs. Keihin-Everett

2.​ Difference Between Elements and Types (In General)

Answer: Elements are the facts that/what must be proven to establish a case
while Types are the kinds or classifications of a legal concept.

3.​ What is Tort?

Definition from the Book: A tort is an act or omission violative of a private right.

Notes: As per Atty. Higuit It is the most complete one and a preview of the
second chapter and the types of torts. And to distinguish torts from other acts
and omissions.

4.​ What is a wrongful act?

Answer: It has been defined as the commission or omission of an act by one,
without right, whereby another receives some injury, directly or indirectly, in
person property, or reputation. A wrongful act is an act or omission that violates
the sources of obligation (law, contract, quasi-delict, quasi-contract and delicts).

In Describing the elements for example: A person is charged with homicide, it

must be established that: 1) A person was killed; 2) The accused killed him
without any justifying circumstance; 3) The accused had the intention to kill,
which is presumed; and, 4) The killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.

5.​ Does a tort always require an act?

Answer: No. Since tort may arise by commission or omission of an act.

6.​ Do all acts result in a claim?

Answer: No, a right always has a corresponding duty. Not all injuries will result in
a claim.

7.​ May a tort be committed by a juridical person?

Answer: Yes, A tort may be committed by a juridical person.
8.​ What is meant by civil personality?
Answer: It is the fitness to be the subject of legal relations, is inherent in every
natural person and is lost only through death. Capacity to act, which is the power
to do acts with legal effect, is acquired and may be lost. (Article 37 NCC)

Another is a Juridical Person which was defined on Article 44 of the NCC:

ARTICLE 44. The following are juridical persons:

(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose,
created by law; their personality begins as soon as they have been constituted
according to law;
(3) Corporations, partnerships and associations for private interest or purpose to
which the law grants a juridical personality, separate and distinct from that of
each shareholder, partner or member.”

A private corporation acquires juridical personality upon SEC issuance of the

Certificate of Incorporation - Corporation Code, Sec. 19 (1980)

9.​ What are the Types of wrongs?

A wrong may either be Civil or Criminal. Civil Wrong is when the wrong involves a
violation of a private legal right. Criminal Wrong is when the wrong is regarded as
an offense against the public and is penalized by law as a crime or felony.

A wrong may also be Intentional or Negligent. Intentional Wrong is when the

defendant is consciously aware that his conduct is wrongful. Negligent Wrong is
when the defendant does not intend an invasion of plaintiff’s right but is aware
that, by his behavior, he is taking unreasonable risks.

10.​What are the General Classes of Torts?

Answer: This are:

(1)​ Property torts – They embrace all injuries and damages to property,
whether realty or personality; and
(2)​ Personal torts – They include all injuries to the person, whether to the
body, reputation or feelings. A tort which is not an injury to property is a personal
tort.
 Notes: Personal Torts; Body, reputation, or feelings not just to humans but also to
juridical persons, but a juridical person has a reputation called “goodwill.”

11.​ What is real and personal property?

Answer: Article 414 of the Civil Code defines "Property" broadly as "all things
which are or may be the object of appropriation," categorizing them as either
immovable (real) or movable (personal) property. While the Code does not
explicitly define these two categories, it provides illustrative lists: Article 415
enumerates what constitutes immovable property, and Article 416 states that all
property not included in that list is considered movable.

Reminders during Class:

1.​ Do not use the words “individual, he, she.” USE THE WORD ‘PERSONS”
2.​ Next meeting,we are going back to the same assignment.
3.​ Produce a textbook
4.​ Memorize!!
Chapter 1 intro
2 elements and types
3 justification (defenses against liability)
Articles 2176 and 2178
The Case (study it)

January 11, 2026 - Dana & Tine

What is the assignment?

Answer: Chapter 1 (Introduction), Chapter 2 (Elements and Types of Torts) and
Chapter 3 Justification and Defenses Against Liability. Including the case of Orient
Freight vs. Keihin-Everett.

How do we define Torts?

Answer: A tort is an act or omission violative of a private right.

What is a wrongful act?

Answer: It has been defined as the commission or omission of an act by one, without
right, whereby another receives some injury, directly or indirectly, in person property, or
reputation. A wrongful act is an act or omission that violates the sources of obligation
(law, contract, quasi-delict, quasi-contract and delicts).

What are the Sources of Obligation according to Article 1157?

Answer: Sources of Obligations are:
●​ Law
●​ Contracts (Requires: Consent, Object, and Consideration)
●​ Quasi-Contracts
●​ Delicts (Crimes under the Revised Penal Code)
●​ Quasi-Delicts (Art. 2176 NCC)

What are the Elements of Torts?

Answer: These are:
1.​ A wrongful act or omission (Actus Reus): Must constitute a breach of a duty.
2.​ Existence of a right and a correlative duty: The act must violate a legal right of
the plaintiff owed by the defendant. NO LEGAL RIGHT, NO TORT.
3.​ Damage or injury sustained by the plaintiff.

Provide for the Distinctions of Injury, Damage and Damages?

Answer: The following are the distinctions of Injury, Damage and Damages:
Injury - It is the legal justification that needs to be a wrongful act, since it is the violation
of the Sources of Obligation.
Damage - It is the actual loss sustained resulting from injury.
Damages - It is the monetary equivalent of damage sustained.

Distinguish a Natural Person vs a Juridical Person:

A Natural Person A human individual, endowed with legal personality from the moment
of birth until death (Article 37-39, New Civil Code). Inherent and automatic by mere fact
of being human. Personality begins at birth (Article 40) and is terminated by death
(Article 42). While a Juridical Person is an entity created by law, vested with a legal
personality separate and distinct from its members or shareholders. Juridical persons
may acquire and possess property of all kinds, as well as incur obligations and bring
civil or criminal actions, in conformity with the laws and regulations of their organization
(Article 44-47, New Civil Code)

What is causality - Causal Link?

It is the Direct Result of the Damage which is called the causality relative to the act or
commission.

What are the Types of Torts?

Answer: There are Two General Classes of Torts:
(1)​Property torts – They embrace all injuries and damages to property, whether
realty or personality; and
(2)​Personal torts – They include all injuries to the person, whether to the body,
reputation or feelings. A tort which is not an injury to property is a personal tort.

Distinction between Torts and a Crime

Point of Distinction Torts (Civil Law / Crimes (Criminal Law)

Quasi-Delict)

1. Nature of the Right A private or personal right A public right is violated.

Violated of an individual is violated. The offense is committed
The wrong is primarily against the State and
against a specific person. society as a whole.

2. Purpose of the Action To compensate or To punish the offender and

indemnify the injured protect public order
private party (through (through imprisonment,
damages). fines payable to the state,
etc.).

3. Quantum of Evidence Preponderance of Proof Beyond Reasonable

Required Evidence – the evidence Doubt – the evidence must
must show it is more likely establish moral certainty,
than not that the defendant leaving no reasonable
is liable. doubt of guilt.

4. Role of Intent Criminal intent (dolo) or Criminal intent (mens rea)

(Criminal Intent) negligence (culpa) is or intentional negligence is
generally NOT required for typically essential, with
liability. Liability can arise exceptions in crimes
from mere fault or punishable by special laws
 negligence (Article 2176, (malum prohibitum).
Civil Code).

5. Who Initiates the The injured private party The State (through the
Action (plaintiff) files a civil suit. public prosecutor) files a
criminal case on behalf of
the People.

6. Legal Proceedings Civil Action (e.g., for Criminal Action (e.g.,

damages). People of the Philippines
vs. Accused).

7. Possible Outcome for Civil Liability – Payment of Criminal Liability –

the Defendant monetary damages to the Punishment
victim. (imprisonment, fine to the
state, etc.) and possibly
civil indemnity to the victim.

Distinction of a Torts and a Contract

Point of Distinction Torts (Quasi-Delict) Contract

1. Source / How Created Created by law (primarily Created by the meeting of

Article 2176 of the Civil minds or agreement
Code). The obligation is between parties
imposed regardless of the (consensual). The
parties' consent. obligation is primarily
derived from their
stipulations.

2. Nature of the Legal Tie A legal relation is created A legal relation is created
by a wrongful act or by the contract itself (the
omission (damage caused agreement defines the
through fault or duties).
negligence).

3. Basis of Liability Liability arises from the Liability arises from the
violation of a duty imposed violation of a duty imposed
by law (the general duty to by the parties' own
act with justice and not agreement (the specific
cause injury to another). terms of the contract).
ART. 1306 (party
autonomy)

4. Presumption of Negligence is NOT Negligence (in the form of

Negligence presumed. The injured breach) is presumed from
 party (plaintiff) has the the non-performance of the
burden of proving the contractual obligation. The
defendant's fault or party in breach must prove
negligence. the existence of a valid
excuse (e.g., fortuitous
event).

5. Purpose of the Action To compensate the injured To enforce performance or

party for damages suffered seek damages for the
due to the wrongful act. non-fulfillment of the
specific terms agreed
upon.

6. Relationship of Parties The parties are generally The parties have a

strangers prior to the pre-existing juridical tie
wrongful act, or the duty (the contract) that defines
exists independently of any their relationship.
prior relationship.

Is Negligence Presumed?
Answer: Negligence is not presumed as a general rule, but the law provides for
exceptions.

Class Rule to Remember:

1.​ Remember the Chapter Names, it will be asked during class meetings
2.​ In Law School you have to apply common sense - analytical thinking is required.
Determine the issue, answer the question legally and logically (provision
required). Do not repeat the question, (ALAC). Apply effort on answering the
questions. Follow Instructions. Spelling must be correct.
3.​ Definition of the proof of reasonable doubt, substantial evidence, preponderance
of evidence.

Assignment for Next Week - 01/18/2026

Chapter 1 (Introduction)
Chapter 2 (Elements and Types of Torts)
Chapter 3 Justification and Defenses Against Liability.
 Including the case of Orient Freight vs. Keihin-Everett (G.R. No. 191937. August 09,
2017).

Memorize Article 2176, 2177, 2178, 2179, 2180

January 24, 2025

Strict liability

Only the persons in the contract will be held liable. It cannot be demanded of another
person.
So long as you violate the contract, you will be held liable.

In torts, it is called fault-based or negligence-based.

Meaning

A fault-based (negligence-based) tort system means that a person is not liable for
damage unless it is proven that the injury was caused by his fault or negligence.

Fault may be in the form of:

●​ Negligence (lack of due care), or​

●​ Intentional acts​
Legal Basis (Philippine Law)

📘 Article 2176, Civil Code

“Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done.”

This provision clearly shows that fault or negligence is an essential element of tort
liability.

Elements Showing It Is Fault-Based

For liability to attach in torts (quasi-delicts), the plaintiff must prove:

1.​ An act or omission by the defendant​

2.​ Fault or negligence​

3.​ Damage or injury suffered by the plaintiff​

4.​ The proximate cause between the act and the damage​

Without proof of fault, there is no liability, even if damage exists.

●​ In contracts, negligence is presumed.

●​ In torts, you have to prove that the defendant/person committed torts

And the elements are:

​Act or omission
​Fault or negligence
​Damage or injury suffered by the plaintiff
​The proximate cause between the act and the damage

Defense for torts:

"diligence of a good father of a family" (bonum pater familias)

Torts can also be committed with an intention

Quasi Delict articles

In torts, it does not require criminal intent, but intent is important to establish a crime.
(Mala inse)

Nature violated

Torts- private legal right

Crime- offense against the state

In crime, if the state wants to pursue the case, they can.

Quantum of Proof

Proof needs to be established

Preponderance of evidence- Civil; required to convince a reasonable mind that the

evidence you are presenting are truth, the more evidence you have, the more it is
convincing that it is the truth.

Proof beyond a reasonable doubt - crime

Substantive - special proceedings

Sanctions

Torts- reparation, indemnity, or money value (monetary damages)

Crime-

An accessory penalty is a secondary punishment automatically attached to a main

(principal) crime's sentence, common in Philippine law. These penalties, such as
disqualification from public office, loss of voting rights, or forfeiture of benefits, are
inherent and applied in addition to imprisonment or fines for the primary offense, even if
the main penalty is pardoned (unless explicitly remitted).

Injury- violation of the right/ invasion of a right / not moral / a law stating the duty and
remedy
Chapter 2 Elements of Torts

Concept of Strict Liability

You act - someone is damaged - you are liable

Elements of Torts

Right and the duty

Correlative legal obligation on the part of the other

Next meeting, we will discuss and dwell more on the elements (chapter 2)

What if the respondent has another right, which one has a higher right, how to resolve
the issue

Necessity for existence,

Why are they considered essentials

In case there is a violation of duty

Different kinds of torts

Negligent and intentional

The test of negligence

Definition of a prudent man