What are the different types of torts in the Philippines?

Asked by: Kenton Ebert MD | Last update: April 7, 2026

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Philippine tort law, primarily under Quasi-delict (culpa aquiliana), focuses on unintentional wrongs (negligence) under Article 2176 of the Civil Code, while intentional wrongs (like assault, battery) are often covered under criminal law (Revised Penal Code) or specific Civil Code articles (like abuse of rights, Articles 19-35) for civil redress. Key types include Negligent Torts (car accidents, medical malpractice, slip-and-falls), Strict Liability Torts (product defects, animal attacks, dangerous activities), and Intentional Torts (abuse of rights, acts against morals/dignity).

What are torts in Philippine law?

The Philippines recognizes extracontractual liability (tort liability) as a form of civil wrong or harm that one person causes to another outside of contractual relationships. The Civil Code establishes the framework for these types of liability.

What are the three major types of torts?

Torts fall into three general categories:

Intentional torts (e.g., intentionally hitting a person);
Negligent torts (e.g., causing an accident by failing to obey traffic rules); and.
Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).

What is the difference between a crime and a tort in the Philippines?

Tort involves civil wrongs where one private party causes harm to another, and the injured party can sue the wrongdoer for damages. Crime involves public wrongs where the whole community is considered the victim, and the state prosecutes and punishes the wrongdoer on behalf of society.

What are the different types of cases in the Philippines?

There are two major types of cases that can be encountered in regular courts in the Philippines: criminal and civil cases. Unlike in other countries however, regular courts try both types of cases.

Torts and Damages

19 related questions found

What are the 8 focused crimes in the Philippines?

Focus crimes include theft, robbery, rape, murder, homicide, physical injury, and carnapping of motorcycles and motor vehicles.

Is there a time limit to file a lawsuit in the Philippines?

Below are some of the key prescriptive periods under the Civil Code of the Philippines: For actions based on negligence or tort, four (4) years from the time the right of action accrues. For actions based on an oral contract or upon a quasi-contract, six (6) years from the time the right of action accrues.

What is Article 282 of the Philippine law?

282. Termination by employer. An employer may terminate an employment for any of the following causes: a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; b.

How are torts proven in court?

Tort liability is predicated on the existence of proximate cause, which consists of both: (1) causation in fact, and (2) foreseeability. A plaintiff must prove that his or her injuries were the actual or factual result of the defendant's actions.

What damages can be recovered in a tort case?

Types of Damages that Can Be Recovered in a Personal Injury Suit

Medical Damages. ...
Pain and Suffering. ...
Lost Wages and Income. ...
Emotional Damages. ...
Loss of Consortium. ...
Property Damages. ...
Punitive Damages.

What is the hardest tort to prove?

The hardest torts to prove often involve establishing intent (like in Intentional Infliction of Emotional Distress) or complex causation, especially in medical malpractice, where proving a provider's specific error directly caused harm over other factors requires significant expert testimony. Toxic torts, involving long latency periods and multiple exposures, are also notoriously difficult due to challenges in linking a specific substance to the injury over time.

What are the 5 tort laws?

Five core types of torts include Negligence, Battery, Assault, Defamation, and Trespass, covering unintentional harm (negligence), intentional harmful/offensive contact (battery), intentional threat (assault), false statements harming reputation (defamation), and interference with property (trespass). These civil wrongs allow injured parties to seek monetary compensation for damages.

What is the rule of 7 torts?

When applied to children and automobile accidents, any child under the age of seven cannot be negligent regardless of their actions; it is presumed that children between the ages of seven and thirteen are not negligent unless their actions are deemed to be unreasonable for someone of that age; and anyone between the ...

What are the types of damages in the Philippines?

In Philippine laws, there are six kinds of damages, namely:

Actual or compensatory Damages.
Moral Damages.
Exemplary or corrective Damages.
Liquidated Damages.
Nominal Damages.
Temperate or moderate Damages.

What is the RA 9346 in the Philippines?

9346, entitled “An Act Prohibiting the Imposition of the Death Penalty in the Philippines,” is hereby repealed. Act No. 3815, as amended, otherwise known as the “Revised Penal Code” and Republic Act No. 3815, otherwise known as “The Revised Penal Code”, as amended, and Republic Act No.

Is a tort considered a crime?

Intentional torts are often mistaken for crimes since they sometimes align with criminal conduct. However, if an injured individual decides to pursue compensation, the case is presented in a civil court rather than a criminal court, classifying it as a tort.

How do you win a tort case?

For a tort claim to be successful, four elements must be present: duty, breach, causation, and harm. The defendant must have a duty to act or not act in a certain way, breach that duty, and as a result, cause harm to another individual.

What are the four things which must be proved in a negligence tort case?

To prove negligence in court, a plaintiff must establish four key elements: Duty of Care (the defendant owed a legal duty to the plaintiff), Breach of Duty (the defendant failed to meet that duty), Causation (the breach directly caused the injury), and Damages (the plaintiff suffered actual harm or loss). Without proving all four, a negligence claim will likely fail.

How long does a tort lawsuit take?

The time frame for these cases varies for each situation. However, you can generally expect them to take years to fully resolve, with some mass tort lawsuits lasting for decades. A mass tort lawsuit lawyer can help you review the factors that impact the length of these legal claims.

What is RA 10175 in the Philippines?

10175, otherwise known as the Cybercrime Prevention Act of 2012, a landmark legislation enacted to address the growing incidence of online offenses in the Philippines. The study examines the law's key provisions, objectives, and its implications for cybersecurity, freedom of expression, and privacy rights.

What are the five types of penalties?

B. CLASSIFICATION ACCORDING TO GRAVITY

Capital Punishment. Death Penalty (currently suspended under Republic Act No. 9346, which prohibits its imposition).
Afflictive Penalties. Reclusion perpetua (20 years and 1 day to 40 years) ...
Correctional Penalties. Prision correccional (6 months and 1 day to 6 years) ...
Light Penalties.

What is RA 9851 in the Philippines?

In 2009, the Philippine Congress enacted Republic Act: 9851, or an "Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide, and other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts, and for Related Purposes".

Can I sue for emotional distress in the Philippines?

Although the Philippines does not have a separate tort specifically titled “Intentional Infliction of Emotional Distress” in the same way as some common law jurisdictions, plaintiffs can still pursue moral damages under the Civil Code, anchored in the broad concepts of wrongful acts and injuries to feelings or dignity.

How much is the attorney's fee in the Philippines?

General Consultation: PHP 500 to PHP 5,000 per session. Specialized Legal Advice: PHP 2,000 to PHP 10,000 per session. Hourly Rates: PHP 1,000 to PHP 10,000 per hour.

Can I be chased for debt after 10 years in the Philippines?

“Collection Efforts Stop After 10 Years”

Even if the prescriptive period has lapsed for judicial collection, creditors and collection agencies may still contact the debtor through extrajudicial means.