TORTS & DAMAGES COMPLETE EXAM STUDY COMPANION

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TORTS AND DAMAGES COMPREHENSIVE EXAM STUDY COMPANION

An Exhaustive, Syllabus-Aligned Reviewer for Law School Examinations

CHAPTER ONE: GENERAL CONCEPTS

One. Legal Definition and Etymology of 'Tort'

The word 'tort' is taken directly from the French and is a derivation of the Latin word 'torquere', which literally means 'to twist'. In common law jurisprudence, a tort is defined as an unlawful violation of a private right, not created by contract, which gives rise to an action for damages. It is an act or omission producing an injury to another, without any previous existing lawful relation of which the said act or omission may be said to be a natural outgrowth or incident. Under Philippine civil law, while the exact term 'tort' is not explicitly used in the Civil Code, it corresponds to the concept of quasi-delict (or culpa extra-contractual / culpa aquiliana) under Article two thousand one hundred seventy-six, and is expanded by the Code Commission into a broader concept of 'tort' through human relations provisions.

Two. Elements of a Quasi-Delict

CASE DIGEST: VERGARA versus COURT OF APPEALS G.R. Number seven hundred seventy-six thousand seventy-nine | September thirty, nineteen eighty-seven

RULING (ALAC FORMAT):

Three. Kinds of Tort Liabilities

ATTY. BALUNGAY EXAM SPECIAL STUDY BOX

One. Verbatim Key Civil Code Provisions and Analysis

Article twenty. Sanction for Acts Contrary to Law

Article twenty-one. Acts Contrary to Morals / Contra Bonos Mores

Article twenty-six. Respect for Privacy and Dignity

Article thirty-two. Violation of Constitutional Rights

Article thirty-three. Independent Civil Actions for Defamation, Fraud, and Physical Injuries

Article thirteen hundred fourteen. Tortious Interference with Contract

Article two thousand one hundred seventy-six. The Core of Quasi-Delict

Article two thousand one hundred seventy-seven. Separability of Civil Liability and No Double Recovery

Article two thousand one hundred eighty-seven. Strict Liability of Food Manufacturers

CHAPTER THREE: HUMAN RELATIONS PRINCIPLES and JURISPRUDENCE

Two. Landmark Jurisprudence (ALAC Digests)

G.R. Number nine seven three three six | February nineteen, nineteen ninety-three

b. Dr. Filoteo A. Alano v. Zenaida Magud-Logmao

c. Albenson Enterprises Corp. v. Court of Appeals and Eugenio S. Baltao

d. Pedro Elcano v. Reginald Hill and Marvin Hill

e. Air France v. Rafael Carrascoso

f. Philippine School of Business Administration v. Court of Appeals

h. Light Rail Transit Authority v. Marjorie Navidad, et al.

i. Far East Bank and Trust Company v. Court of Appeals and Luis Luna G.R. No. one zero eight one six four | February twenty-three, nineteen ninety-five

CHAPTER FOUR: DISTINGUISHING OBLIGATIONS AND STANDARDS

Landmark Distinctions Jurisprudence (ALAC Digests)

c. Bernabe Castillo, et al. v. Court of Appeals and Juanito Rosario

d. Vicente Calalas v. Court of Appeals and Eliza Sunga

e. Spouses Frank and Erlinda Batal v. Spouses Kenichiro Tominaga

ISSUE: Are the spouses Batal civilly liable for damages resulting from a negligent land survey under their contract?

CHAPTER Five: THE PLAINTIFF (STANDING AND STATUS)

Plaintiffs Jurisprudence (ALAC Digests)

RULING (ALAC):

Two. Antonio Geluz v. Court of Appeals and Oscar Lazo

RULING (ALAC):

Three. Cagayan Two Electric Cooperative, Incorporated versus Allan Rapanan and Mary Gine Tangonan G.R. Number one hundred thousand nine hundred eighty-eight hundred sixty-six. December three, twenty f

RULING (ALAC):

CHAPTER SIX: THE DEFENDANT AND VICARIOUS LIABILITY

CASE DIGEST: NATIONAL IRRIGATION ADMINISTRATION versus IAC G.R. Number seven hundred thirty-nine thousand nineteen. September eighteen, nineteen ninety-two

RULING (ALAC):

Two. Persons Made Responsible for Others (Vicarious Liability)

Three. Joint Tortfeasors

CHAPTER SEVEN: REMEDIES AND FILING OF CASES

Two. Filing of Cases and Procedural Jurisprudence (ALAC Digests)

Overview

A detailed guide for law students preparing for examinations in torts and damages, featuring comprehensive outlines, essential statutory provisions, and case analysis grounded in the New Civil Code of the Philippines. The document aims to clarify complex legal concepts through structured formats and contributions from legal authorities.

Key Points

1The document provides exhaustive, syllabus-aligned outlines for tort law
2It includes case digests and references to landmark jurisprudence
3Key legal principles are elucidated through comparative analytical tables
4The focus is on the application of the New Civil Code in tort law context
5It serves as a practical tool for law school exam preparation

Details

Authors: Dean Timoteo B. Aquino, Atty. Balungay
Category: Law and Legal Studies

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