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E. Quasi-delict : Art.


1. Concept of Quasi-delict (culpa aquiliana)

a. Requisites of quasi delict (Chan, Jr. V. INC)

1. There must be an act or omission

2. Such act or omission causes damage to another
3. Such act or omission if caused by fault or negligence
4. There is no pre-existing contractual relation between the parties

Note: Instance when liability for quasi-delict may still exist despite
presence of contract (Coca-Cola Bottlers v. CA)

o DOCTRINE OF PROXIMATE CAUSE: such adequate and efficient cause as, in the natural order of
events, and under the particular circumstance surrounding the cause, would necessarily produce the
o NATURAL AND PROBABLE CAUSE: either when it acts directly producing the injury, or sets in motion
other causes so producing it and forming a continuous chain in natural sequence down to the injury o
CONCURRENT CAUSE: if two causes operate at the same time to produce a result which might be
produced by either independently of the other, each of them is a proximate cause
o When the plaintiffs own negligence was the immediate and proximate cause of his injury, he
cannot recover damages.
o BUT if negligence is only contributory, the immediate and proximate cause of the injury is
defendant s lack of due care, the plaintiff may recover damages, the courts shall mitigate the
damages to be awarded (Art 2179)


1. PRESTATION is demandable and already liquidated
- There can be no delay if the obligation is not yet due. There is no mora in natural obligations because
performance is optional and voluntary
2. That the debtor delays performance
- Effects of mora only arise when the delay is due to the causes imputable to the debtor; hence there is
legally no delay if this is caused by factors not imputable to the debtor (e.g. fortuitous events)
3. That the creditor requires or demands the performance extrajudicially or judicially
- Mere reminder is not a demand because it must appear that the benevolence and tolerance of the
creditor has ended.


1. Offer of performance by the debtor who has the required capacity
2. Offer must be to comply with the prestation as it should be performed
3. Creditor refuses the performance without just cause

Compensatio morae parties in a bilateral contract can regulate the order in which they shall comply
with their reciprocal prestations. Otherwise, the fulfillment must be SIMULTANEOUS and RECIPROCAL
GENERAL RULE: Fulfillment of parties should be simultaneous
EXCEPTION: Contrary stipulation (e.g. installment plans)


1. Creditor has an interest in the right or action not only because of his credit but because of insolvency of
the debtor
2. Malicious or negligent inaction of the debtor in the exercise of his right or action of such seriousness as
to endanger the claim of the creditor
3. The credit of the debtor against a third person is certain, demandable and liquidated
o It is not essential that the creditors claim be prior to the acquisition of the right by the debtor
4. The debtor s right against 3 person must be patrimonial, or susceptible of being transformed to
patrimonial value for the benefit of the creditor


1. Plaintiff asking for rescission (subsidiary action) has a credit prior to the alienation, although
demandable later
2. Debtor has made subsequent contract, giving advantage to a 3 person
3. Creditor has no other remedy but to rescind the debtors contract to the 3 person (last resort)
4. Act being impugned is fraudulent
o Presumption of fraud may be found in Art 1387 (gratuitous transfer without leaving sufficient funds for
obligations OR gratuitous transfers by a judgment debtor) More details in page 92
5. 3 person who received the property is an accomplice in the fraud
o See Rescissible Contracts for more detailed discussion on the effects of good faith and bad faith of
the third party transferee (Page 89)

Requisites of Fortuitous Event

1. Cause of the unforeseen and unexpected occurrence or the failure of the debtor to comply with his
obligation must be independent of human will
2. Impossible to foresee the event which constitute the caso fortuito (ordinary) OR if it can be foreseen,
must be impossible to avoid (extraordinary)
3. Occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal
4. Obligor must be free from any participation in the aggravation of the injury resulting to the creditor (no
concurrent negligence)

Requisites for rescission

a. One of the creditors failed to comply with what is incumbent upon him
b. Obligor who performed chose rescission over fulfillment or performance is impossible
c. The breach is substantial so as to defeat the object of the parties in making the agreement it will not
be granted in slight or casual breach

Requisites of Period/Term
1. Future
2. Certain
3. Possible

Positive cannot compel a person. The proper remedy is to ask another

person to do and ask the person in debt to pay for it.

Violation of a principal obligation can result to the cancellation of the

contract. Violation of the accessory however would not result to cancellation
of the contracts.

All the elements of pactum commissorium were found present in this case:

a) that there should be a pledge or mortgage wherein property is pledged or mortgaged by way of security for the
payment of the principal obligation

b) that there should be a stipulation for an automatic appropriation by the creditor of the thing pledged or
mortgaged in the event of nonpayment of the principal obligation within the stipulated period


The laws of the land will complete the incompleteness of the contracts. The
law will kick in because the law is deemed to be written in every contract.

Meeting of the minds mean when definite offer is met with definite

1. When someone is criminally liable, he is also civilly liable.

2. When there is a criminal case, the civil liability of the accused is also
being tried. (Under our current rules, it will not be instituted, (waived,
reserved the rights separately, instituted it prior to criminal case.)
3. In criminal cases, you are not allowed to file a cross-claim (cross claim
with co-accused is also not allowed), counter claim(cannot file the
same case, in the court, same instance)(should be in a separate civil
action.), third party complaint (pleading in court to bring a third party
who is not part of the defendant).
4. BP 22, no such thing as reservation. The civil case here is deemed
instituted. It has to remain in the same court.
5. If you file a civil action first before the criminal. The civil action filed
previously will be suspended. **
6. If you file a criminal action, you cannot file a separate civil action. **
7. The exceptions (**) can proceed independently if the civil action is
independent of the criminal action.
8. Extinction of penal action does not mean the civil liability will be
extinguished as well.
9. Even if you win in a civil case, doesnt necessarily mean that you will
win in the criminal case.
10. With respect to death which happens after or during the
arraignment and pendency of the action, it will extinguish the civil
liability only if it is arising of the crime.
11. But if the death happens before the arraignment, any civil
action may be filed (whether independent or arising of the
crime.) [No independent civil action for rape]


In case of acquittal, the test is the decision of the court.

Requisites for the application of Article 1267:

1. The event or change in circumstance could not have been foreseen at the time of the
execution of the contract
2. It makes the performance of the contract extremely difficult but not impossible.
3. It must not be due to the act of any of the parties
4. The contract is for a future prestation

Requirements for rescission under Art. 1381(4)

1. Defendant during the pendency of the case, enters into a contract
which refers to the thing subject of litigation
2. Contract was entered into without the knowledge and approval of the
litigants or of a competent judicial authority

The following are some of the circumstances attending sales which have
been dominated by the courts badges of fraud:
1. The fact that the consideration of the conveyance is fictitious or is
2. A transfer made by a debtor after suit has been begun and while it is
pending against him.
3. A sale upon credit by an insolvent debtor.
4. Evidence of large indebtedness or complete insolvency.
5. The transfer of all or nearly all of his property by a debtor, especially when
he is insolvent or greatly embarrassed financially.
6. The fact that the transfer is made between father and son, when there are
present other of the above circumstances.
7. The failure of the vendee to take exclusive possession of all the property.