I.

INTRODUCTION
A. SOURCES OF OBLIGATION
CIVIL CODE
Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n)
Article 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or
in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and
as to what has not been foreseen, by the provisions of this Book. (1090)
Article 1159. Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith. (1091a)
Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title
XVII, of this Book. (n)
Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the
provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations,
and of Title XVIII of this Book, regulating damages. (1092a)
Article 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII
of this Book, and by special laws. (1093a)
Article 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)
Report of the Code Commission, pp. 161-162
cited in the case of Cariaga, et. al. v. Laguna Tayabas Bus Company
A question of nomenclature confronted the Commission. After a careful deliberation, it was agreed to use the
term "quasi-delict" for those obligations which do not arise from law, contracts, quasi-contracts, or criminal
offenses. They are known in Spanish legal treaties as "culpa aquiliana", "culpa-extra-contractual" or "cuasi-
delitos". The phrase "culpa-extra-contractual" or its translation "extra-contractual-fault" was eliminated
because it did not exclude quasi-contractual or penal obligations. "Aquilian fault" might have been selected,
but it was thought inadvisable to refer to so ancient a law as the "Lex Aquilia". So "quasi-delict" was chosen,
which more nearly corresponds to the Roman Law classification of the obligations and is in harmony with the
nature of this kind of liability.
The Commission also thought of the possibility of adopting the word "tort" from Anglo-American law. But
"tort" under that system is much broader than the Spanish-Philippine concept of obligations arising from non-
contractual negligence. "Tort" in Anglo-American jurisprudence includes not only negligence, but also
intentional criminal act, such as assault and battery, false imprisonment and deceit. In the general plan of the
Philippine legal system, intentional and malicious acts are governed by the Penal Code, although certain
exceptions are made in the Project.

RULES OF COURT
RULE 2 Cause of Action
Section 1. Ordinary civil actions, basis of. Every ordinary civil action must be based on a cause of action. (n)
Section 2. Cause of action, defined. A cause of action is the act or omission by which a party violates a right
of another. (n)
Section 3. One suit for a single cause of action. A party may not institute more than one suit for a single
cause of action. (3a)
Section 4. Splitting a single cause of action; effect of. If two or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for
the dismissal of the others. (4a)
Section 5. Joinder of causes of action. A party may in one pleading assert, in the alternative or otherwise, as
many causes of action as he may have against an opposing party, subject to the following conditions:
(a) The party joining the causes of action shall comply with the rules on joinder of parties;
(b) The joinder shall not include special civil actions or actions governed by special rules;
(c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions,
the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the
jurisdiction of said court and the venue lies therein; and
(d) Where the claims in all the causes action are principally for recovery of money, the aggregate amount
claimed shall be the test of jurisdiction. (5a)
Section 6. Misjoinder of causes of action. Misjoinder of causes of action is not a ground for dismissal of an
action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and
proceeded with separately. (n)

B. QUASI-DELICT V. FROM OTHER SOURCES OF OBLIGATION

QUASI-DELICT V. BREACH OF CONTRACT
QUASI-DELICT V. DELICTS
REVISED PENAL CODE
Article 100. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly
liable.
Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act
which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium period; if it would have constituted a less grave felony,
the penalty ofarresto mayor in its minimum and medium periods shall be imposed; if it would have
constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.
II. QUASI-DELICT
A. ELEMENTS
B. NO DOUBLE RECOVERY RULE
CIVIL CODE
Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the
provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations,
and of Title XVIII of this Book, regulating damages. (1092a)
Article 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)
Article 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct
from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages
twice for the same act or omission of the defendant.(n)
C. PARTIES; NATURE OF LIABILITYOF JOINT TORTFEASORS
CIVIL CODE
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that
are favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered
from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not
deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Article 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary. (n)