QUASI-DELICTS (CULPA AQUILLANA)

Art. 2176 Requisites of Quasi delict:

1. Act or Omission causes damage to another there being fault or
negligence.
2. Damage by said act or omission.
3. Causal connection between the damage and act or omission.
No, pre-existing contractual relation QUASI-DELICT
Art. 2177

Civil liability from the Penal code is distinct from liability from Quasi Delicts.
Plaintiff cannot recover damages twice for the same act or omission.

Art. 2178 The following are applicable to Quasi-delict:

1. Art. 1172 Responsibility arising from negligence in the performance of an
obligation.
2. Art. 1173 Fault or Negligence (Bad faith). If the law does not state the type
of diligence to be observed in the performance, Good Father of a Family is
required.
3. Art. 1174 In cases where, expressly specified by the law or otherwise
declared by stipulation or the nature of such obligation requires the
assumption of risk, NO PERSON SHALL BE RESPONSIBLE FOR EVENTS NOT
FORSEEN AND INEVITABLE.
Art. 2179

PLAINTIFFS OWN NEGLIGENCE Immediate and proximate cause of his

injury he cannot recover damages.
PLAINTIFFS OWN NEGLIGENCE (CONTRIBUTORY) Plaintiff may recover
damages but the courts shall mitigate the damages to be awarded.

Art. 2180

Art. 2176 is demandable not only for ones own acts or omissions but
also for those persons responsible.
1. Father In case of his death or incapacity the mother is
responsible for the damages caused by the minor children who
live in their company.
2. Guardians Liable for damages caused by the minors or
incapacitated persons under their company.
3. Owners/Managers Responsible for damages caused by their
employees in the service of the branches in which the latter are
employed or on occasion of their functions.

4. Employers Liable for damages caused by their employees and

household helpers acting within the scope of their assigned
tasks, even not engaged in any form of business or industry.
5. State Responsible 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.
6. Teachers/ Heads of establishments of arts and trades Liable for
damages caused by their pupils and students or apprentices
under their custody.
Responsibility treated in this article shall cease when persons herein
proved they observed
diligence of a good father to prevent damage.
Art. 2181
Whoever pays for the damage caused by his dependents or employees may recover
from the latter what he has paid or delivered.
Art. 2182
If the minor/ insane (No parents or guardian) Answerable with his own property in
an action against him. A Guardian ad litem shall be appointed.
Art. 2183
Possessor of an Animal or whoever uses of the same Responsible for the damage
which it may cause, although it may have escaped or be lost.
This shall CEASE incase damage came from force majeure or from the fault of
the person who has suffered damage.
Art. 2184
Motor Vehicle mishaps The owner is solidarily liable with his driver, if the owner
was in the vehicle who could have by the use of the diligence prevented misfortune.
It is presumed that the driver was negligent he had been found guilty of
reckless driving or violating traffic regulations atleast twice within the
preceding 2 months.
If the owner was not in the motor vehicle Art. 2180 shall apply.
Art. 2185
Unless there is proof to the contrary, the person driving the motor vehicle has been
negligent at the time of the mishap he was violating a traffic regulation.
Art. 2186
Every owner of a motor vehicle shall file with the proper government office a bond
executed by a GOCC or office to answer damages to 3 rd persons. The amount shall
be fixed by the competent public official.

Art. 2187
Manufacturers and processors of

Foodstuff
Drinks
Toilet articles
Similar goods

Shall be liable for DEATH or INJURIES caused by any noxious or harmful substance
used, although no contractual relation exists between them and the consumers.
Art. 2188