Professional Documents
Culture Documents
Crime Quasi-delict
- There are two liabilities which are - There is only civil liability
criminal and civil
- Criminal liability cannot be - Can be compromised as any other civil
compromised or settled by the parties liability
themselves
Fortuitous events - are those events that could not be foreseen (extraordinary), or which though
foreseen, are inevitable (ordinary).
- Can be either dependent or independent upon human intervention
1. Acts of Man - independent upon the will of the obligor but not of the other human will
2. Acts of God (majeure) - events that are totally independent upon the will of every being
● Force majeure - fortuitous events that are dependent upon human intervention
GENERAL RULE: If there is a loss or damage caused to another party resulting to nonperformance
of his obligation is due to a fortuitous event therefore the obligation is extinguished
EXCEPT (Art. 1174): (1) when expressly specified by law
a. The debtor is guilty of fraud, negligence, delay, or contravention of the
tenor of the obligation (Art. 1170)
b. The debtor has promised to deliver the same determinate thing to two or
more persons who do not have the same interest (Art. 1165)
c. The obligation to deliver a specific thing arises from a crime (Art. 1268)
d. The thing to be delivered is generic (Art. 1263)
(2) Declared by the stipulation of the contractual parties
(3) When the nature of obligation requires the assumption of risk
Requisites of a fortuitous event
1. The event must be independent of the human will or at least of the debtor’s will;
2. The event could not be foreseen, or if foreseen, is inevitable;
3. The event must be of such character as to render it impossible for the debtor to comply with
his obligation in a normal manner; and
4. The debtor must be free from any participation in, or the aggravation of, the injury to the
creditor, that is, there is no concurrent negligence on his part.
● Burden if proving loss due to fortuitous event - the burden of proving that the loss was due
to fortuitous event rests on him who invokes it.
Remedies available to creditors for the satisfaction of their claims (Art. 1177)
1. Exact fulfillment with right to damages
2. Pursue the leviable property of the debtor
3. “After having pursued the property in possession of the debtor” exercise all the rights and
bring all the actions of the debtor except those inherent in or personal to the person of the
latter
*Right to subrogation - the right of the creditor to collect the debtor’s debt to his own
debtor
4. Ask the court to rescind or impugn acts or contracts which the debtor may have done to
defraud him when he cannot in any other manner recover his claim.