: Concepts and legal provisions are explained first, followed by illustrative examples and selected Supreme Court decisions. Comprehensive Coverage
Awarded to alleviate physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. They are not intended to enrich the victim but to provide spiritual countervailing compensation. 2. Exemplary or Corrective Damages (E)
A bus driver, due to fatigue, falls asleep at the wheel and swerves into a sidewalk, hitting a pedestrian. Here, De Leon’s analysis would advise: torts and damages de leon
The plaintiff’s own negligence contributed to the injury, which may reduce the damages awarded.
Damages refer to the pecuniary compensation that may be recovered for the injury or loss suffered. The De Leon framework organizes damages into six distinct categories, easily remembered by the mnemonic : Moral Damages : Concepts and legal provisions are explained first,
: Contractual duties are born from private agreements, whereas tort duties are imposed by law regardless of consent.
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: Damages refer to the pecuniary compensation that may
Articles 19, 20, and 21 of the Civil Code—often called the "Human Relations" provisions—expand Philippine tort law beyond mere negligence into the realm of intentional wrongs and bad faith. De Leon notes these articles serve as a catch-all for situations where a wrong is committed but no specific provision of law provides a remedy.
The late Hector S. De Leon passed away in 2020, but his legacy endures through the continued relevance of his books. Hector M. De Leon, Jr., continues to uphold his father's legacy by co-authoring and updating new editions. Their work remains the gold standard for Philippine tort law, a testament to its clarity, comprehensiveness, and its unwavering focus on both the letter and the spirit of the law.
The injury must be the direct and proximate result of the defendant’s act or omission.
One of the unique contributions of De Leon’s work is his comparison of the Philippine system (civil law) with the American common law system. He explicitly notes that “tort is a common law term; it is not found in the NCC.” The Philippine Civil Code did not intend to create a complete “Law on Torts” like in the United States. Instead, it adopted the civil law concept of quasi-delict alongside intentional torts (e.g., assault, defamation) regulated by specific provisions in the Civil Code and Special Laws.