QUASI-DELICTS (2176 – 2194 NCC) The possessor of an animal or whoever may make use of
the same is responsible for the damages caused by it,
although it may escape or be lost. 1. Can the plaintiff recover damages against the Note: This responsibility shall cease only in case the defendant, if the plaintiff’s own negligence is the damage has resulted from force majeure, or fault by the IMMEDIATE and PROXIMATE cause of his injury? person who has suffered damage. (art. 2179)
5. What is the rule as to the liability of a vehicle owner,
No. He cannot recover damages. However, if his as to the damages caused by his driver? (art. 2184) negligence is only CONTRIBUTORY, and the immediate and proximate cause of the injury is imputable to the The owner is solidarily liable with his driver, if the owner defendant, the plaintiff may recover damages, but the who is in the vehicle, could have prevented the court shall mitigate the damages to be awarded. misfortune by the exercise of due diligence. Note: Responsibility for fault or negligence under Quasi- Note: It is disputably presumed that a driver was delicts is entirely distinct from civil liability arising from negligent, if he had been found guilty of reckless driving negligence under the RPC. But the plaintiff cannot or violating traffic regulations at least twice within the recover damages twice for the same act or omission of next preceding two months. the defendant. (art. 2178)
If the owner was not in the motor vehicle, the provisions
2. The obligation imposed under Quasi-delicts is of Article 2180 are applicable. demandable not only for a person’s own act or omission, but also for those whom such person is Note: Unless there is proof to the contrary, it is responsible. Who are they? (art. 2180) presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating a. Father or mother as the case may be, for the any traffic regulation. (art. 2185) damages caused by the minor who live in their company. 6. There is prima facie presumption of negligence on the b. Guardians, for the damages caused by minors or part of the defendant if the death or injury results incapacitated person under their authority and from his possession of dangerous weapons or company substances, such as firearms and poison. (art. 2188) c. Owners and managers of establishment, for the damages caused by their employees in the branches Note: The presumption does not apply when the which they are employed possession or use thereof is indispensable in his d. State, for the damages caused by its special agent occupation or business. e. Teachers or heads of establishments of arts and trades, for the damages caused by their students or 7. Provinces, cities and municipalities shall be liable for apprentices in its custody 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 Note: Whoever pays for the damage caused by their public works under their control or supervision. (art. dependents or employees, may recover what he has paid 2189) in satisfaction of the claim. (art. 2181) 8. What are the circumstances wherein the proprietors are liable for damages? (art. 2191) Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death a. By the explosion of machinery which has not been or injuries caused by any noxious or harmful substances taken care of with due diligence, and the used. (art. 2187) inflammation of explosive substances which have not been kept in a safe and adequate place b. By excessive smoke, which may be harmful to persons or property 3. If the minor or insane person has no parents or c. By the falling of trees situated at or near highways guardian, who will bear responsibility for damages? or lanes, if not caused by force majeure (art. 2182) d. By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without The minor or insane person shall be answerable with his precautions suitable to the place. own property. Note: The proprietor of a building or structure is 4. Who bears responsibility for the damages cause by an responsible for the damages resulting from its total or animal? (art. 2183) partial collapse, if it should be due to the lack of necessary repairs. (art. 2190) 9. Considering that the damages is the result of the b. If, in fact, the manager has been tacitly authorized total or partial collapse of a building due to the by the owner, in which case the rules on agency shall defects in the plans and specifications of the engineer govern. (Art. 2144.) or architect under art. 1723, who is responsible? (art. 2192) Solutio indebiti is the juridical relation which arises Engineer, architect, or contractor within 15 years from whenever a person unduly delivers a thing through the completion of the structure. mistake to another who has no right to demand it.
10. Other rules on Quasi-delicts.
Ex. X, a tax-exempt cooperative store, paid taxes to the The head of a family that lives in a building or a part City of Manila, believing that it was liable. In this case, X thereof, is responsible for damages caused by things may recover payment since it was paid under a mistake. thrown or falling from the same. (art. 2193)
The responsibility of two or more persons who are liable
for quasi-delict is solidary. (art. 2194)
QUASI – CONTRACTS
1. What is a Quasi-Contract?
It is a juridical relation arising from lawful, voluntary,
and unilateral acts, by virtue of which the parties become bound to each other based on the principle that no one shall be unjustly enriched at the expensed of another. (art. 2142)
2. What are the 2 most important juridical relations
under Quasi-Contracts?
a. Negotiorum gestio b. Solutio indebiti
Negotiorum gestion is the voluntary management of the
property or affairs of another without the knowledge or consent of the latter.
Once the gestor has assumed the agency or management
of the business or property, he shall be obliged to continue such, until the termination of the affair and its incidents.
Ex. If through the efforts of X, a neighbor, the house of
Y was saved from being burned, Y has the obligation to reimburse X for the expenses X incurred although Y did not actually give his consent to the act of X in saving his house on the principle of quasi-contract.
This juridical relation does not apply:
a. When the property or business is not neglected or
abandoned, in which case the provisions of the Civil Code regarding unauthorized contracts (Arts. 1317, 1403[1], 1404.) shall govern