Quasi-Deliks

Codal by Diploma
3A

TORT - consists of a violation of a right or omission of a statutory duty imposed
by law is the commission or omission of an act by one without right whereby
another receives some injury, directly or indirectly, in person, property, or
reputation.

I. Quasi-Delicts
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter.
(1902a)
A. Elements
Elements of a cause of action:
1.
2.
3.

RIGHT in favor of the plaintiff by whatever means and

under whatever law it arises or is created
OBLIGATION on the part of the defendant to respect or
not violate such right
ACT OR OMISSION on the part of the defendant violative
of the right or constituting a breach of obligation for
which the plaintiff may maintain an action for recovery of
damages

Requisites for a claim of damages based on quasi-delict:

1.
2.
3.
B.

DAMAGES suffered by plaintiff

FAUL/NEGLIGENCE of defendant
CONNECTION of cause and effect between the
fault/negligence of the defendant to the damage incurred

No Doubt Recovery Rule

Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter.
(1902a)
II. Negligence
Art. 1173. 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. When negligence shows

bad faith, the provisions of Articles 1171 and 2201, par. 2,

shall apply.

If the law or contract does not state the diligence which is to
be observed in the performance, that which is expected of a
good father of a family shall be required. (1104a)

A. Concept of Negligence
It is the omission to do something which a reasonable man
would do, or the doing of something which a prudent and
reasonable man could not do.

B. Negligence as Proximate Cause
Proximate Cause is that cause which, in natural and
continuous sequence, unbroken by any efficient intervening
cause, produces the injury and without which the result
would not have occurred. It is the dominant, moving, or
producing cause

C. Proof of Negligence
The person claiming damages has the burden of proving the
existence of such fault or negligence.

The facts constitutive of the negligence must be affirmatively
established by competent evidence.

D. Presumption of Negligence
a. Res Ipsa Loquitur
Where the thing which causes the injury is shown to be under
the management of the defendant, and the accident is such as
in the ordinary course of things does not happen if those who
have the management use proper care, it affords reasonable
evidence, in the absence of an explanation by the defendant,
that the accident arose from want of care.

b. Respondent Superior
Art. 1756 In case of death or injuries to passengers, common
carriers are presumed to have been at fault or to have acted
negligently, unless they prove that they observed
extraordinary diligence as prescribed in Art. 1733 and 1755.

An employer may be held solidarily liable for the negligent
acts of his employees.

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Employers shall be liable for the damage caused by their
employees and household helpers acting within the scope of
the assigned tasks, even though the former are not engaged in
any business or industry.

c. Violation of Traffic Rules
Art. 2184. In motor vehicle mishaps, the owner is solidarily
liable with his driver, if the former, who was in the vehicle,
could have, by the use of the due diligence, prevented the
misfortune. It is disputably presumed that a driver was
negligent if He had been found guilty of reckless driving or
violating traffic regulation at least twice within the next
preceding two months.

If the owner was not in the motor vehicle, the provisions of
Art. 2180 are applicable.

Art. 2185. Unless there is proof to the contrary, it is presumed
that a person driving a motor vehicle has been negligent if At
the time of the mishap, he was violating any traffic regulation.

d. Common Carrier
Art. 1733. Common carriers, from the nature of their business
and for reasons of public policy, are bound to observe
extraordinary diligence in the vigilance over the goods and for
the safety of the passengers transported by them, according to
all the circumstances of each case.

Art. 1734 Common carriers are responsible for the loss,
destruction, or deterioration of the goods, unless the same is
due to any of the following causes only:
1. Flood, storm, earthquake, lightning, or other natural
disaster or calamity;
2. Act of the public enemy in way, whether
international or civil

3. Act or omission of the shipper or owner of the goods;
4. The character of the goods or defects in the packing
or in the containers;
5. Order or act of competent public authority

Art. 1755. A common carrier is bound to carry the passengers
safely as far as human care and foresight can provide using
the utmost diligence of very cautious persons, with due
regard for all the circumstances.

Art. 1756 In case of death or injuries to passengers, common
carriers are presumed to have been at fault or to have acted
negligently, unless they prove that they observed
extraordinary diligence as prescribed in Art. 1733 and 1755.

Dangerous Weapons and Substances
Art. 2188. There is prima facie presumption of negligence on
the part of the defendant if the death or injury results from his
possession of dangerous weapons or substances, such as
firearms and poison, EXCEPT when the possession or use
thereof is indispensable in his occupation or business.
Defenses
a. Contributory Negligence
Art. 2179. When the plaintiffs own negligence was the
immediate and proximate cause of his injury, he cannot
recover damages. But if his negligence was only contributory,
the immediate and proximate cause of the injury being the
defendants lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be
awarded.

b. Assumption of Risk
Art. 1174 Except in cases expressly specified by the law, or
when it is otherwise declared by stipulation, or when the
nature of the obligation requires the assumption of risk, no
person shall be responsible for those events which could not
be foreseen, or which, though foreseen, were inevitable.

c. Last Clear Chance
Where both parties are guilty of negligence, but the negligent
act of one succeeds that of the other by an appreciable
interval of time, the one who has the last reasonable
opportunity to avoid the impending harm and fails to do so, is
chargeable with the consequences, without reference to the
prior negligence of the other party.

d. Prescription
Art. 1146. The following actions must be instituted within 4
years:
i. Upon an injury to the rights of the plaintiff;
ii. Upon a quasi-delict

e. Fortuitous Events
e.

E.

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Art. 1174. Except in cases expressly specified by the law, or
when it is otherwise declared by stipulation, or when the
nature of the obligation requires the assumption of rise, no
person shall be responsible for those events which could not
be foreseen, or which, though foreseen, were inevitable.
f. Diligence
Art. 1173. 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. When negligence shows
bad faith, the provisions of Articles 1171 and 2201, par. 2,
shall apply

If the law or contract does not state the diligence which is to
be observed in the performance, that which is expected of a
good father of a family shall be required. (1104a)

g. Mistake and Waiver
Art. 1331. In order that mistake may invalidate consent, it
should refer to the substance of the thing which is the object
of the contract, or to those conditions which have principally
moved one or both parties to enter into the contract.

Mistake as to the identity or qualifications of one of the
parties will vitiate consent only when such identity or
qualifications have been the principal cause of the contract.

A simple mistake of account shall give rise to its correction.

Art. 6. Rights may be waived, unless the waiver is contrary to
law, public order, public policy, morals, or good customs, or
prejudicial to a third person with a right recognized by law.
h. Others

III. Vicarious/Primary/Solidary Liability
A. Vicarious Liability
It is the doctrine of imputed negligence. It occurs when a
person is not only liable for torts committed by him, but also
for torts committed by others with whom he has a certain
relationship andfor whom he is responsible.

Vicarious liability means responsibility for the negligence of
those persons whose acts or omissions are imputable, by a

a.

b.

c.

d.

e.

legal fiction, to others who are in a position to exercise an

absolute or limited control over him.

Art. 2180. The responsibility treated of in this article shall
cease when the persons herein mentioned prove that they
observed all the diligence of a good father of a family to
prevent damage.

Parents and Guardians
Art. 2180. The father and, in case of his death or incapacity,
the mother, are responsible for the damages caused by the
minor children who live in their company.

Guardians are liable for damages caused by the minors or
incapacitated persons who are under their authority and live
in their company.

Owners and Managers of Establishments
Art. 2180. The owners and managers of an establishment or
enterprise are likewise responsible for damages caused by
their employees in the service of the branches in which the
latter are employed or on the occasion of their functions.

Employers
Art. 2180. 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.

State
Art. 2180 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 Establishment
Art. 2180 Lastly, teachers or heads of establishments of arts
and trades shall be liable for damages caused by their pupils
and students or apprentices, so long as they remain in their
custody.

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B. Primary Liability
a. Possessor/Users of Animals
Art. 2183. The possessor of an animal or whoever may make
use of the same is responsible for the damage which it may
cause, although it may escape or be lost. This responsibility
shall cease only in case the damage should come from force
majeure or from the fault of the person who has suffered
damage.

b. Owners of Motor Vehicles
Art. 2184. In motor vehicle mishaps, the owner is solidarily
liable with his driver, if the former, who was in the vehicle,
could have, by the use of the due diligence, prevented the
misfortune. It is disputably presumed that a driver was
negligent if he had been found guilty of reckless driving or
violating traffic regulation at least twice within the next
preceding two months.

If the owner was not in the motor vehicle, the provisions of
Art. 2180 are applicable.

Art. 2185. Unless there is proof to the contrary, it is presumed
that a person driving a motor vehicle has been negligent if at
the time of the mishap, he was violating any traffic regulation.

Art. 2186. Every owner of a motor vehicle shall file with the
proper government office a bond executed by a government-
controlled corporation or office, to answer for damages to
third persons. The amount of the bond and other terms shall
be fixed by the competent public official.

c. Manufacturers and Processors
Art. 2187. Manufacturers and processors of foodstuffs, drinks,
toilet articles, and similar goods shall be liable for death or
injuries caused by any noxious or harmful substances used,
although no contractual relation exists between them and the
consumers.

Art. 97. Liability for the Defective Products. Any Filipino or
foreign manufacturer, producer, and any importer, shall be
liable for redress, independently of fault, for damages caused
to consumers by defects resulting from design, manufacture,
construction, assembly and erection, formulas and handling
and making up, presentation or packing of their products, as

d.

well as for the insufficient or inadequate information on the

use and hazards thereof.

Municipal Corporations
Art. 2189 Provinces, cities and municipalities shall be liable
for damages for the death of, or injuries suffered by, any
person by reason of the defective condition of roads, streets,
bridges, public buildings, and other public works under their
control or supervision.