Quasi-Delicts

Article 2176

Elements
o Acts or omission causing damage to another
o Fault or Negligence
o No pre-existing contractual relation

Effects
o The offender is obliged to pay for the damage done

Article 2177
Entirely separate and distinct from civil liability under the Penal Code
The plaintiff can choose either of the two, but not both for the same act or
omission

Article 2178

Additional Provision
o Article 1172

o Article 1174

Article 2179
When the Plaintiff cannot recover damages
o When the immediate and proximate cause of his injury is his own
negligence
If only contributory, he may recover damages, but the courts
shall mitigate the damages to be awarded
Article 2180

The obligation imposed is demandable also to persons to whom the

defendant is responsible
o For the damages caused by the minor children
Father
Mother in case of Fathers death or incapacity
Guardians (including incapacitated person)

*The minor children must live in their company but in the case of the
guardians there is an additional requirement which is that the minor children
or the incapacitated persons must be under their authority
o

For the damages caused by employees

Owners and managers of an establishment or enterprise which
the employees are employed or on the occasion of their function
Employers (includes household helpers), regardless they
engaged or not engaged in any business or industry, provided
that the employees is acting within the scope of their assigned
tasks.

Special Agent
The State except when the damage has been caused by the
official to whom the task done properly pertains.

Pupils and students or apprentices

Teachers
Heads of Establishments of arts and trades
*Provided that they remain in their custody

NOTE: The foregoing persons are exempted from liability is they can prove
that they observed all the diligence of a good father of a family.

Article 2181

If the a third person pays for the damage cause by dependents or employees
may recover from the responsible person what he has paid or delivered in
satisfaction of the claim.

Article 2182

Where minor or insane person has no guardian or parents

o The minor or insane person shall be answerable with his own property
in an action against him where a guardian ad litem shall be appointed

Article 2183

The possessor of an animal or whoever may make use of it is responsible for

the damage it may cause regardless if it escapes or lost.
o Exception- 1.) The damage should come from force majeure or 2.) from
the fault of the person who has suffered damage

Article 2184

In case of motor vehicle accidents

o The driver and the owner are solidarily liable provided that the latter
who was in the vehicle (if not in the vehicle go back to Article 2180)
could have prevented the misfortune by due diligence.

Disputable presumption of negligence

o The driver is presumed negligent if he had been found guilty or
reckless driving or violating traffic regulations at least twice within the
next preceding 2 months.

Article 2185

Same concept with disputable presumption of negligence, only that the

violation of traffic regulations is committed at the time of the accident.

Article 2186

Filing of a bond
o Owner of a vehicle shall file a bond to answer for damages to third
persons. The amount of the bond shall be fixed by the competent
public official.

Article 2187

Who is liable for death or injuries caused by any noxious or harmful

substances used?
o Manufacturers and processors of foodstuffs, drinks, toilet articles and
similar goods

Article 2188

Prima facie presumption of negligence

o If the defendant has in his possession of dangerous weapons or
substances, such as firearms and poison and it is the cause of the
death and injury
Exception- when the possession or use is indispensable in his
occupation or business

Article 2189

Liable for defective condition of roads, streets, bridges, public buildings, and
other public works
o Provinces
o Cities
o Municipalities

*must be under their control or supervision

Article 2190

Liable for the damages building or structure resulting from its total or partial
collapse, it is should be due to the lack of necessary repairs
o The proprietor

Article 2191

Additional responsibility for damages of the proprietor

o By the explosion of machinery which has not been taken care of with
due diligence
o The inflammation of explosive substances which have not been kept in
a safe and adequate place
o By excessive smoke, which may be harmful to persons or property
o By the falling of trees situated at or near highways or lanes, if not
caused by force majeure
o By emanations from tubes, canals, sewers or deposits of infectious
matter, constructed without precautions suitable to the place.

Article 2192