2. Conflict Finals.pdf - CONFLICT OF LAWS l Finals Reviewer...

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CONFLICT OF LAWS l Finals Reviewer l Atty. Joseph Randi Torregosa l For the exclusive use of EH 404 AY 2016-2017 1 | U N I V E R S I T Y O F S A N C A R L O S Tort, Defined An act or omission causing damage to another. An action for tort is precisely for recovery of damages. This is civil liability which may take the form of: 1. Restitution (property will be returned) 2. Reparation (property will be valued and the losing party will be ordered to pay the same) 3. Indemnification for consequential damages Ex: In an action arising from physical injury, consequential damages may take the form of payment of unearned income. TN: These forms of damages can be found in Article 103 of the RPC. In the Philippines, our concept of tort is two-fold: 1. Spanish concept Fault or Negligence (Excludes intentional acts) Article 2176 Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict. 2. American concept Includes both tort committed either through fault and negligence or intentional act. 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 manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. TN: Both Articles 20 and 21 involve a willful act, but: 20 (contrary to law) 21 (contrary to morals, public policy, good customs) Important: An intentional act can therefore give rise to a tort. So disabuse your mind of the notion that tort only covers negligent acts. How to distinguish tort from crime now? An act or omission may constitute both a crime and a tort; may be a crime but not a tort; may be a tort but not a crime. 1. An act or omission may constitute both a crime and a tort. Examples: Rape, libel, homicide, physical injuries, estafa. These may give rise to both criminal and civil liability whether impliedly instituted or pursued independently. 2. An act or omission may be a crime but not a tort. Example: Most special laws classified as malum prohibitum, i.e. Illegal possession of firearms. This does not involve civil liability, only purely criminal liability. (Another example drugs) 3. An act or omission may be a tort but not a crime. Example: Breach of promise to marry. There is no law which makes this a crime but this may give rise to a civil action for recovery of damages if done in a manner contrary to morals, public policy or good customs (Article 21) Tort v. Crime Tort Crime Any wrongful act causing damage to another An act or omission defined by law as a crime Party seeks compensation for the damage caused Complainant seeks punishment, not compensation Wrongful acts that violate private interest Wrongful acts that violate authority of the State Transitory Territorial Important: Do not however be misled. The State can also be a victim of a tort if it results in damage.
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