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856 Nicanor Reyes, Sr. St.Tel. Nos. 736-05-67 • 735-13-641977 C.M. Recto AvenueTel. Nos. 735-55-27 • 735-55-34Manila, PhilippinesPublished & Distributed byCOMMENTS AND CASESON TORTS AND DAMAGESByHECTOR S. DE LEONLL.B., University of the PhilippinesAuthor:Philippine Constitutional Law: Principles and Cases(2 Vols.); Comments and Cases on Succession; Comments and Cases on Sales; Comments and Cases on Credit Transactions; The Corporation Code of the Philippines Annotated; The Insurance Code of the Philippines Annotated; etc.Co-Author: Comments and Cases on Property; Comments and Cases on Obligations and Contracts; Comments and Cases on Partnership, Agency, and Trusts; The Philippine Negotiable Instruments (and Allied Laws) Annotated;The Law on Public Officers and Election Law;The Fundamentals of Taxation; The National Internal Revenue Code Annotated (2 vols.); etc.andHECTOR M. DE LEON, JR.A.B., LL.B., University of the PhilippinesLL.M., University of MichiganPartner, Sycip Salazar Hernandez and GatmaitanCo-Author: Comments and Cases on Property; Comments and Cases on Obligations and Contracts; Comments and Cases on Partnership, Agency, and Trusts; The Philippine Negotiable Instruments (and Allied Laws) Annotated;The Law on Public Officers and Election Law;The Fundamentals of Taxation;and The National Internal Revenue Code Annotated (2 vols.).2004
iiPrinted by84 P. Florentino St., Quezon CityTel. Nos. 712-41-08 • 712-41-01Philippine Copyright, 2004byHECTOR S. DE LEONHECTOR M. DE LEON, JR.ISBN 971-23-4185-2No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devices or in any other form, for distribution or sale, without the written permission of the authors except brief passages in books, articles, reviews, legal papers, and judicial or other official pro-ceedings with proper citation.Any copy of this book without the correspond-ing number and the signature of either of the authors on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same.ALLRIGHTSRESERVEDBY THE AUTHORSNo. ____________
iiiPREFACEThis volume is intended first and foremost to provide lawstudents with a basic text for classroom use in the course ofTorts and Damages. However, members of the Bench and Bar will findthe work a valuable aid in their search for answers to questionson the subject.The authors adopt the same approach employed in their otherworks. Concepts, principles, and legal provisions are first dis-cussed or explained, followed by examples whenever appropriate,and then, by selected Supreme Court decisions that illustrate theirapplication in actual situations. In addition, numerous brief rulingsare given for the convenience of the researcher who desires to referto other cases pertinent to certain points of law that concern him.