Torts - It is a civil wrong wherein a person’s conduct causes a compensable
injury to the person, property, or recognized interest of another, in violation of a
duty imposed by law. (Black’s Law Dictionary, 1990)
It may be: 1. A direct invasion of some legal right of the individual; 2. The
infraction of some public duty which special damage accrues to the individual; or 3.
The violation of some private obligation by which like damage accrues to the
individual. (Ibid.)
Culpa Aquilana - (civil negligence or tort or quasi-delict) - act or omission
that causes damage to another, there being no contractual relation between the
parties (Art. 2176, NCC) and
Vicarious Liability - Vicarious liability is an essential legal concept in the
Philippines, where one party can be held responsible for the actions of another.
Article 2180. The obligation imposed by article 2176 is demandable not only
for one's own acts or omissions, but also for those of persons for whom one is
responsible. The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live in their
company.
Last Clear Chance - Doctrine of Discovered Peril or Doctrine of Supervening
Negligence This is also called as the “Humanitarian Negligence Doctrine.” Where
both parties are negligent but the negligent act of one succeeds that of the other by
an appreciable interval of time, the one who has the last reasonable opportunity to
avoid the impending harm and fails to do so, is chargeable with the consequences,
without reference to the prior negligence of the other party. (Picart v. Smith, G.R. No.
L-12219, 15 Mar. 1918) The doctrine of last clear chance is a theory adopted to
mitigate the harshness of the contributory negligence of the plaintiff. (Phoenix
Construction Inc. v. IAC, G.R. No. L-65295, 10 Mar. 1987)
Requisites: 1. Plaintiff is placed in danger by his own negligent acts, and he is
unable to get out from such situation by any means;
2. Defendant knows that the plaintiff is in danger and knows or should have
known that the plaintiff was unable to extricate himself therefrom; and
3. Defendant had the last clear chance or opportunity to avoid the accident
through the exercise of ordinary care but failed to do so, and the accident occurred
as a proximate result of such failure. (Pineda, 2009)
Opportunity – I think also called Last Clear Chance or Last Clear Opportunity.
Imputed Negligence – ALSO called VICARIOUS LIABILITY. A person is not
only liable for torts committed by himself, but for torts committed by others with
whom he has certain relationship and for whom he is responsible. (AQUINO BOOK,
page 651)
Proximate Cause - Proximate cause is that cause, which, in natural and
continuous sequence, unbroken by any efficient intervening cause, produces the
injury, and without which the result would not have occurred. (Ramos v. C.O.L.
Realty, G.R. No. 184905, 28 Aug. 2009) NOTE: Proximate cause is not necessarily the
immediate cause; it’s not necessarily the nearest time, distance, or space. (People v.
Elizalde, 59 Off. Gaz. 1241)