Kinds of Damages
Manager or Owner of Establishment –
Moral
Exemplary
Nominal
Temperate
Actual
Liquidated
Quasi-delict
Anyone who by fault or negligence causes injury
or damage to another without any pre-existing
contractual obligation shall be liable for quasi-
delict
Element s of Quasi-delict
1. Committed through fault or negligence
2. Caused injury or damage to another
3. There being no exiiting contractual
obligation
Proximate Cause – that cause, which, in natural
and continuous sequence, unbroken by any
efficient intervening cause, produces the injury,
and without which the result would not have
occurred.
Direct cause – that which actually caused the
injury.
Quasi-delict may be due to the negligence of a
person in the performance of his duty or his
negligence in the supervision or management of
another person.
The defense against a quasi-delict is the prove
that the person in question exercised the
diligence required of him.
Who are liable for quasi-delict?
1. Father, or in his absence or incapacity,
the mother – for damage or injury
caused by minor child.
2. Guardian – for damage or injury caused
by ward
3.
for damage or injury caused by
employees within the establishment
4. Employer – for damage or injury caused
by household helpers
5. State – for damage or injury caused by
special agents, or for faulty or damaged
public structures and utilities
6. Teacher or School Administration – for
damage or injury caused by students
who are under their care or supervision
7. Guardian of insane person – for damage
or injury caused by insane person under
their guardianship
8. Pet Owner – for damage or injury
caused by unrestrained pets, unless the
pet escaped due to fortuitous event
9. Owner of Vehicle – for damage or injury
caused by his driver where the owner
was a passenger in the vehicle when the
incident occurred
10. Manufacturer – for damage or injury
caused by a product produced by the
manufacturer. (toxic torts)
Kinds of Obligations
A. As to subject matter
a. Real obligation
b. Personal Obligation
B. As to the number of persons bound
to perform
a. Unilateral obligation
b. Bilateral obligation
1. Reciprocal
2. Non-reciprocal
C. As to the capability of fulfillment
a. Possible obligation
b. Impossible obligation
D. As to susceptibility of partial
fulfillment/divisibility
a. Divisible obligation
b. Indivisible obligation
E. As to their dependence upon one
another
a. Principal Obligation
 b. Accessory Obligation
F. As to the existence of a burden or
condition
a. Pure obligation
b. Conditional Obligation
1. Resolutory Condition/
Condition Subsequent
2. Suspensive Condition/
Condition Precedent
3. Potestative Condition
c. Obligation with a term
G. As to the nature of performance
a. Positive Obligation
b. Negative Obligation
H. As to the nature of creation of the
obligation
a. Legal Obligation
b. Conventional Obligation
I. As to the character of responsibility
or liability/ plurality of subjects
a. Joint obligation
b. Solidary Obligation
J. As to the grant of right to choose
one prestation out of several, or to
substitute the first one/ plurality of
objects
a. Single Obligation
b. Alternative Obligation
c. Facultative Obligation
K. As to the imposition of penalty
a. Simple Obligation
b. Obligation with penalty/ with
penal provision

Inchausti vs Yulo