Torts and Damages

I . Concept/ Definition: Culpa Aquiliana – Quasi Delitos – Tort

The term “Tort” is of Anglo-American law-common law which is broader in

scope than the Spanish-Phil concept which is limited to negligence while the former
includes international or criminal acts. Torts in Philippine law is the blending of
common-law and civil law system.

Definition – Quasi Delict or tort refers to acts or omission causes damage to another,
there is being fault or negligence, is obliged to pay for the damages done. If there is
no pre-existing contractual relation between the parties, such fault or negligence is
called quasi-delict – governed by Civil Code.

The law holds a person civilly liable for the damage caused by his faulty or
negligent act or omission.

Elements of Quasi Delict:

1. Damages suffered by the plaintiff

2. Fault or negligence of the defendant
3. Casual connection between the fault or negligence of the defendant’s act and the damages
incurred by the plaintiff (Andamo vs IAC, 191 SCRA 426, ’96)
4. No pre-existing contractual relation between the parties. However, the supreme court
held that even if there is contractual relation, nevertheless the act that break the contract
may be also be tort, in cases of Air France vs Carrascaso, 18 SCRA 155; Singson vs BPI,
23 SCRA 1117, ’63; and Fabre Jr vs CA, 259 SCRA 426, ’96)

II. Distinctions

1. a. Fault signifies voluntary act or omission causing damages to the right of another
giving rise to an obligation of the actor to repair such damage.

Fault is of two (2) kinds:

i. Substantive and independent fault in that there is no pre-existing
relation. This is the one referred to Art. 2176 NCC and source of an
obligation. It is also known as culpa extra contractual or culpa
aquiliana covered by Art. 2176 NCC.
ii. Fault as an incident in the performance of an obligation existing – is
known as contractual fault or culpa contractual governed by Art.
1170-73 of NCC.
 b. Negligence consist in the omission to do certain acts which result to the damage
to another.

2. As to Intennt to cause damage to another thru an act or omission:

a. It is culpa absence such intent, the actor’s liability is civil governed by
the Civil Code.
b. It is dolo presence of such intent and the act or omission becomes crime
and the actor’s civil liability is governed by the provisions of the Revised
Penal Code

Distinctions – Importance of knowing these distinctions lies in filing the proper cause
of action against the tortfessor. The same act or omission which is faulty or negligent
causing damage produces civil liability arising from a crime under the Revised Penal
Code or create an action for quasi delict or culpa contractual under the Civil Code.
(Andamo vs IAC, 191 SCRA 203)

Illustrative Case: GSIS vs CA, 308 SCRA 559, ‘99

Facts: NFA National Food Authority – owner of Chevrolet truck insured by GSIS-
CMVLI. Victor Uy – owner of Toyota Tamaraw used as PU insured by Mabuhay Ins
and Guarrantee – CMVLI. On May 9, 1979 at Tabon-Tabon, Butuan City, the two
vehicles collided resulting to death and injuries to passengers of the Tamaraw and
total wreck of the Tamaraw. 3 cases were filed

(1) Civil Case No. 2196 for quasi-delict filed by UY vs NFA & GSIS – recover
damage to property. Won
(2) Civil Case No. 2225 for culpa contractual filed by injured passenger Taer vs
Victor Uy and Mabuhay. Won.
(3) Civil Case No. 2256 for quasi-delict NFA and driver Corbeta, GSIS vs Victor
Uy for culpa contractual and Mabuhay.

(Note: no criminal action was filed although it may be done had any of the injured
parties minded to. The action against the Insurers GSIS and Mabuhay are based on the
insurance contract of CMVLI whereby passengers injured have the right to sue
directly the insurers)

3. Differences between Crimes and Culpa Aquiliana:

Crimes:
1. Crimes affected the public interest.
2. Penal law punishes/ corrects the criminal act.
 3. Only acts covered by Penal Law are punished (Barredo vs Garcia, 73 Phil 607;
J. Bocobo, 1940 : Taxi c lied with Carretela)
4. Guilt proven beyond reasonable doubt.
5. Reservation to file separate civil action. No reservation, civil action is
impliedly instituted in the criminal action.
6. Employer’s liability is subsidiary.

Culpa Aquiliana:
1. Only private concern.
2. Repairs the damage by indemnification.
3. Covers all acts that are faulty or negligent.
4. Preponderance of evidence.
5. No reservation – it’s independent from crime. (Andamo vs IAC, 191 SCRA
203)
6. Employer’s liability is solidary (Fabre Jr. vs CA, 259 SCRA 426, ‘ 96)

Culpa Contractual
(i) Pre-existing obligation between the parties
(ii) Fault or negligence is incidental to the performance of the obligation
(iii) Defense of having exercised diligence of a good father of a family is not
available, just like in criminal action. Applied doctrine of Respondent
Superior, or Master and Servant Rule.

The result in the criminal case, whether acquittal, or conviction is irrelevant in the
independent civil action under the Civil Code (JBL Reyes: Dionisio vs Alyendia, 102
Phil 443, ’57, cited in Mckee vs IAC, 211 SCRA 536, ’92) unless acquittal is based on
the court’s declaration that the fact from which the civil action arose did not exist,
hence the dismissal of criminal action carries with the extinction of the civil liability.
(Andamo vs IAC, 191 SCRA 204, ’90 J. Fernan)