Leon | Torts And Damages De
The second half of De Leon’s treatise focuses heavily on the concept of "Damages," which is the pecuniary compensation awarded for an injury or loss suffered. The Civil Code classifies damages into six distinct categories, easily remembered by the acronym : M - Moral Damages (Article 2217)
While the De Leon book is the ultimate explanatory text, it is firmly rooted in the legal sources that give it authority.
In Philippine jurisprudence, very few authors have mastered the art of codifying the law quite like the late Hector S. De Leon. His method is distinct: he takes the bare text of the Civil Code and dissects it, article by article, using the lifeblood of the law—Supreme Court decisions.
To successfully pursue a case for damages based on a quasi-delict, De Leon outlines four indispensable elements that must be proven by a preponderance of evidence: torts and damages de leon
May be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty. They must be reasonable under the circumstances. A - Actual or Compensatory Damages (Article 2200)
Torts and damages law in the Philippines is a critical, dynamic, and ever-evolving area of civil law, primarily governed by the Civil Code. It addresses the legal liability that arises when one person's act or omission—without a pre-existing contract—causes harm to another. , a renowned author in Philippine legal education, provides comprehensive insights into this subject in his work, "Comments and Cases on Torts and Damages."
Overview of Torts and Damages in Law | PDF | Negligence - Scribd The second half of De Leon’s treatise focuses
Liable for damages caused by employees in the service of their branches or on occasion of their functions.
An event that could not be foreseen, or which though foreseen, was inevitable. It completely absolves liability unless there is an express provision of law, contractual stipulation, or the nature of the obligation requires the assumption of risk.
The negligence itself is the source of obligation (e.g., hitting a pedestrian with a car). De Leon
Unlike purely theoretical texts, De Leon cites landmark Philippine Supreme Court cases immediately after each article. For example, when discussing Proximate Cause , he immediately references Vda. De Bataclan v. Medina (Defendant who parked a truck negligently causing a chain reaction). This builds instinct for legal reasoning.
The following article explores the core concepts of Philippine tort law as traditionally framed in the works of De Leon.
: A legal obligation requiring the defendant to conform to a certain standard of conduct for the protection of others.
: The plaintiff suffered actual, measurable harm or injury.
