Editing Tort (section)

===Philippines===
The Philippines is a mixed law jurisdiction, shaped primarily by Spanish civil law and American common law as codified in the Philippine Civil Code. For the most part, the equivalent of tort law (insofar as it concerns negligence and product liability) in the Philippines is the law of [[quasi-delict]]. Article 2176 of the civil code provides that, in the absence of a contractual or quasi-contractual{{efn|Under the Philippine civil code, there are three specific categories of obligation referred to as quasi-contractual and governed by special provisions of the civil code:
* [[Negotiorum gestio]]: Article 2144 provides that an individual (other than someone acting as an agent or under a contractual relationship) who takes on the management of another's affairs is obligated to continue to do so until directed otherwise or until such affairs are terminated and bears full liability for losses incurred.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2144</ref>
* Solutio indebiti: Article 2154 provides that an individual who receives something of value by accident must, under most circumstances, return it.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2154</ref>
* Other quasi contracts: Article 2164 provides that, where an individual provides support (e.g. financial support or medical assistance) without the knowledge of the recipient, the individual has a right to compensation except where it appears that the support was given "out of piety and without intention of being repaid".<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2164</ref>
Quasi-contracts are a distinct category of obligation more akin to a contract implied in law than to a quasi-delict/tort}} relationship, a person who "by act or omission causes damage to another" by way of fault or negligence{{efn|Article 1173 states that "The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place."}} is "obliged to pay for the damage done".<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2176</ref> Article 1174 (which is made applicable by article 2178) provides that an individual is generally exempt from liability if the events giving rise to the damage were unforeseeable or inevitable.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 1174 & Article 2178</ref>

The Philippine law of quasi-delict is largely a codification of common law principles and doctrines. For instance, the common law doctrine of [[comparative negligence]] is codified in article 2179, providing for compensation to be reduced in proportion with the plaintiff's own fault for the damage they incurred.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2179</ref> Similarly, the [[duty of care]] established in [[Donoghue v Stevenson]] is codified by article 2187 with regard to "manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods",<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2187</ref> and is extended by article 2189 to provincial and local governments responsible for defective public amenities.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2189</ref> Similarly, article 2190 establishes liability for the owners of defective buildings or structures that cause damage.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2190</ref> Additionally, case law in the Philippines recognises the common law doctrine of [[res ipsa loquitur]].<ref>Africa v Caltex (Phil), GR No 72986, March 3, 1966, 16 SCRA 448 (1966).</ref>

Outside the law of quasi-delicts, the civil code also codifies other provisions of tort law in Chapter 2 of the Preliminary Title under the heading "Human Relations". This chapter provides that "every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith"<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 19</ref> and that "every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same".<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 20</ref> While negligence and product liability are primarily covered by the law of quasi-delicts, this chapter covers intentional wrongs in article 21, which provides that "any person who wilfully 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".<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 21</ref> This chapter makes several other provisions in the realm of tortious liability, including: liability for [[defamation]] (article 33);<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 33</ref> violations of another person's privacy, causing humiliation on account of religion or economic status, causing another person to be alienated from their friends (article 26);<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 26</ref> benefitting from (without causing) damage to another person's property (article 23).<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 23</ref>

Damages under Philippine law are provided for in the Philippine Civil Code, which establishes harmonised rules for damages arising under any kind of obligation.In addition to pecuniary or economic damages, the code provides for two categories of non-economic damages with regard to quasi-delicts. Firstly, moral damages (i.e. damages for "physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury" resulting from a quasi-delict) may be awarded under article 2217.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2217</ref> Secondly, exemplary damages may be awarded under article 2231 if there was "gross negligence" on the part of the defendant.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2231</ref> In special cases, a court may choose to award nominal damages under article 2221 if it finds that, although it is unnecessary to compensate the plaintiff, it is nevertheless desirable to "vindicate" or "recognise" the violation of their right.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2221</ref> Additionally, where a court cannot determine the value of damage incurred with sufficient certainty to award economic damages, it may instead award "temperate or moderate damages" under article 2224, which are higher than purely nominal damages but less than compensatory economic damages.<ref>[https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Philippine Civil Code (Republic Act No. 386)] {{Webarchive|url=https://web.archive.org/web/20220511021749/https://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html |date=11 May 2022 }} Article 2224</ref>