Quasi-Delict or Tort

• Quasi-Delict or Tort is a legal wrong committed upon a person or property, independent of a contract.
• Article 2176 of the Civil Code of the Philippines provides the legal definition of tort or quasi-delict.

Requisites for a Quasi-Delict or Tort

• Act or omission
• Presence of fault or negligence (lack of due care on the part of the defendant)
• Damage to another (damages suffered by the plaintiff)
• Causal connection between the fault or negligence and the damage

Fault and Negligence

• Fault signifies a voluntary act or omission causing damages to the right of another, giving rise to an obligation to repair such damage.
• Negligence consists in the omission to do certain acts which result in damage to another.

Two Kinds of Fault

• Culpa Aquiliana is a substantive and independent fault with no pre-existing relation; it's a separate source of obligation, independent of contract.
• Culpa Contractual is a fault that exists as an incident in the performance of an existing obligation; the foundation of the liability of the defendant is the contract.

Liability of Innkeepers and Hotelkeepers Based on Article 102 of RPC

Article 102 of the Revised Penal Code states that innkeepers, tavern keepers, and other persons or corporations are civilly liable for crimes committed in their establishments.

• This applies in cases where a violation of municipal ordinances or general/special police regulations has been committed by them or their employees, in default of the persons criminally liable.
• Innkeepers and hotelkeepers can be held civilly liable for crimes in their establishments, and must follow all laws and take precautions to ensure guest safety.
• Example: If homicide occurs in a bar on a Sunday (when ordinances require closure), the innkeeper is subsidiarily liable if they violated the ordinance by being open and the offender is insolvent.
• Innkeepers are subsidiarily liable for the restitution of goods taken by robbery or theft from guests or payment of their value.
• Restitution means innkeepers are obligated to restore goods taken by robbers or thieves, or pay for their value.
• Guests must notify the innkeeper in advance of the deposit of such goods and follow their directions for care.
• No liability attaches for robbery with violence or intimidation unless committed by the innkeepers' employees.

Persons Liable for Damages Arising from Quasi-Delict or Torts

• Article 2180 stipulates that the obligation imposed by Article 2176 is demandable not only for one's own acts/omissions, but also for those of persons for whom one is responsible.
• Fathers (or mothers, in case of death or incapacity) are responsible for damages caused by minor children living in their company.
• Guardians are liable for damages caused by incapacitated persons under their authority and living with them.
• Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
• The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable.
• Teachers/heads of establishments of arts and trades are liable for damages caused by their pupils/students/apprentices, as long as they remain in their custody.
• Article 2180 deals with the liability for the acts and omissions of another.
• One of the reasons for the liability is the negligence in the supervision, which is presumed but rebutted by proof of deligence.
• The person responsible for the act (like the minor) and the person exercising supervision (like parents) are solidarily liable.

Legal Doctrine Definition

• A legal doctrine is a framework or set of rules established through precedent or pattern in the common law, through which judgments can be based in a given legal case.
• A doctrine comes about when a judge makes a ruling and more judges use and apply it to similar cases, potentially becoming an established method of deciding situations.

Doctrines in Negligence Cases

• The following doctrines may be applied in most negligence cases involving hospitality management:
  • Proximate Cause
  • Contributory Negligence
  • Imputed Negligence
  • Last Clear Chance
  • Res Ipsa Loquitur

Doctrine of Proximate Cause

• Proximate cause is defined as that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred.
• Illustration: If a passenger voluntarily boxes the bus driver who subsequently loses control of the vehicle, the act of passenger is the proximate cause of the accident.
• Illustration: Damage vehicle was driven by reckless driver who made the vehicle travel at a very high rate of speed and on the wrong side of the road, it is clear that this negligence was the proximate cause of the collision.

Doctrine of Contributory Negligence

• If the negligence of the plaintiff was merely contributory to their injury, the immediate and proximate cause of the accident causing the injury being the defendant's negligence, such negligence would not be a bar to recovery, but the amount recoverable shall be mitigated.
• Plaintiff is the person who brings a case against another person.
• In the doctrine of contributory negligence, the plaintiff was careless too and he also contributed to his injury.

Doctrine of Imputed Negligence

• It pertains to the rule whereby the negligence of a certain person in a transaction or act which gave rise to the injury complained of is imputable or chargeable against the person for whom he was acting or against his associates.
• Imputed negligence is the negligence resulting from a party's special relationship with another party who is originally negligent.
• Example: a parent is responsible for some acts of a child; an employer can be responsible for negligence of his/her employees.

Doctrine of Last Clear Chance

• It applies when both parties are negligent such that it is impossible to determine whose negligence was the proximate cause; determining which party had the last clear chance to avoid the accident with proper care but failed to do so.
• In personal injury cases, even if the plaintiff was negligent in an accident, they can recover damages if the defendant could have avoided the accident by using ordinary and reasonable care.

Doctrine of Res Ipsa Loquitur

• Res Ipsa Loquitur is a Latin phrase which means "the thing speaks for itself."
• It is a doctrine of law that one is presumed to be negligent if he had exclusive control of whatever caused the injury, even without specific evidence of negligence, and the accident would not have happened without negligence.
• Where a thing is shown to be under the management of the defendant or their servants, and the accident doesn't occur in the ordinary course of events if those in management have used proper care.
• It is reasonable evidence, absent explanation from the defendant, that the accident arose from lack of care.

Other Quasi-Delict Provisions of the Civil Code Applicable to the Tourism Industry

• Quasi delict literally means "as if crime." The only element missing to qualify it as a crime is the intention to commit wrong against others.
• Quasi delict is a source of an obligation, and happens because of negligence or lack of needed care.
• If the employer pays for the damage caused by his employees, the employer may recover from that particular employee for the amount that was paid in satisfaction of the claim of the aggrieved party.
• In a motor vehicle accident, the owner is solidarily liable with his driver.
• A person driving a motor vehicle is presumed to be negligent if, at the time of the mishap, they are in violation.

Plaintiff and Defendant definitions

• Plaintiff is a person who brings a case against another in a court of law.
• Defendant is the person sued or accused in a court of law.
• A legal remedy or judicial relief is the means by which a court of law enforces a right and imposes a penalty for the harm of a wrongful act inflicted upon an individual.

Remedies Available Upon the Plaintiff in Tort Cases

• Legal remedies are either preventive or compensatory.
• An injured person may file an action for damages against the defendant.
• The primary purpose of a tort action is to provide compensation to a person injured by the tortious conduct of the defendant.

Preventive Remedy

• It is a remedy preventing a violation of a right from being carried out.

Compensatory Relief

• Compensatory relief or damages are awarded in civil court cases where loss has occurred due to the negligence or unlawful conduct of another party.
• Damage is awarded to compensate a person for any transgressed right.

Damages

• The fundamental principle of the law on damages is that one injured by a breach of contract or by a wrong or negligent act or omission shall have fair and just compensation, commensurate with the loss sustained as a consequence of the defendant's act.

Kinds of Damages

• Actual or compensatory damages: Adequate compensation for pecuniary loss suffered by a person that can be duly proven in court, or the actual loss suffered because of the violation of one's right by another person.
• Moral damages put into consideration the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation.
• Moral shock, social humiliation and similar injury - "a victim is entitled to receive moral damages if he/she suffered from any of the things mentioned above."
• Nominal damages are amounts awarded when a legal right has been technically violated but there are no actual damages.
• Temperate damages are reasonable damages greater than nominal, which awarded "when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty."
• Liquidated damages are an amount of money agreed upon by the parties at the time of a contract's signing.
• It establishes the damages that can be recovered in the event that a party breaches the contract; it is meant to estimate actual damages when signing the contract.
• Exemplary or Corrective imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

SPA Definition

• Spa is an establishment that has a holistic approach to health and wellness, rest and relaxation that aims to treat the body, mind and spirit by integrating a range of professionally administered health, wellness, fitness and beauty, water treatment and services.

Personel Definitions

• Esthetician is a licensed therapist with training regarding the skin, face and neck and giving beauty treatments.
• Massage Therapist is a certified, licensed professional regarding anatomy and physiology.
• Spa Therapist is trained by the spa to perform particular treatments such as salt, scrub, and wraps.

Tour Operator Definiton

• Tour Operator is an entity which may be a single proprietorship, partnership or corporation regularly engaged in the business of extending to individuals or groups such services pertaining to arrangements and booking for transportation and/or accommodation, handling and/or conduct of inbound tours whether or not for a fee, commission or any form of compensation.

Tour Guide Definition

• Tour Guide is an individual who guides tourists, both foreign and domestic, for a fee, commission or any other form of lawful remuneration.

Professional Congress Operator Definition

• Professional Congress Operator pertains to any person, natural or juridical, who manages conventions, either as an official of an organization, consultant, volunteer or as a retained professional.

Land Transportation

• Registration from Land Transportation Franchise Regulatory Board or LTFRB.
  • Roadworthiness.
  • Left-hand drive.
  • Ventilation
  • Fire fighting facility

Water Transport

• Restrooms.
  • Reception
  • Refreshment and Dining Area
  • Promenade Area
  • Baggage Area
  • Service and Staff
  • Lighting
  • Life Saving Equipment
  • Communication Equipment.

Tourist Air Transport

• Life saving device; Communication Equipment.

Hotel Definitions

• Apartment Hotel: pertains to services apartments offering self-contained units that contain access to kitchen and laundry facilities.
• Hotel: Refers to full service accommodation with reception and guest rooms generally offering private facilities with an onsite restaurant, room and bar services available.
• Resort: shall refer to full service accommodation located in a more natural, relaxed environment, with reception and guest rooms generally offering private facilities with an onsite restaurant, room and bar service available.

Value of accreditation

• In order to encourage global competitiveness, strengthen data gathering and research on tourism and facilitate the promotion of individual enterprises and the industry as a whole, the department shall prescribe and regulate standards for the operation of the tourism industry.
• Primary tourism enterprises shall obtain accreditation to the quality of their facilities and standard of services.
• Establishments must still comply with the Local Government Code pertaining to the issuance of business permits, licenses and the like.
• Accreditation does not replace this basic requirement for businesses.