Romblon State University

Main Campus
Institute of Graduate Studies
Odiongan, Romblon

Educational Legislation Policy: Week 1 and 2 Assignment

Submitted to:

DR. ROMEO F. FAELDAN

DPEM 610 Professor

Critical Thinking on
The Civil Code of the Philippines: Article 2170 and Article 2176
DPEM 610 Educational Legislation Policy

Submitted by:

ROTHY STAR MOON S. CASIMERO

Ph. D. Educational Management Student
Summer 2020
 According to the Civil Code of the Philippines Article 1156, The Concept of
Obligation is a juridical necessity to give, to do, or not to do. Thus, juridical relation,
created by certain facts, between two or more persons, through which the creditor or
obligee, may demand of the debtor or obligor, a definite prestation or benefits. Where
there is a right or power to demand, there is a correlative obligation or an imposition upon
a person of definite conduct.

Article 2170 of the Civil Code of the Philippines states that when by accident or
other fortuitous event, movables separately pertaining to two or more persons are
commingled or confused, the rules on co-ownership shall be applicable. Thus, Article
2176 states that whoever by act or omission causes damage to another, there being fault
or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is
no pre-existing contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter. These articles meant that damages can be
recovered when a contract is not perfected if: Offers is clear and definite, leading offeree
in good faith to incur expenses in expectation of entering into a contract or withdrawal of
the offer must be without any illegitimate cause. If offeror: Guilty of fault or negligence,
liability would be based on Article 2170 and Article 2176.

The obligation imposed by Article 2170 and Article 2176 is demandable not only
for one's acts or omissions but also for those of persons for whom one is responsible. To
give an illustration, the father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons who are
under their authority and live in their company. Similarly, the owners and managers of an
establishment or enterprise are likewise responsible for damages caused by their
employees in the service of the branches in which the latter are employed or on the
occasion of their functions. In the same manner, employers shall be liable for the
damages caused by their employees and household helpers acting within the scope of
their assigned tasks, even though the former are not engaged in any business or industry.
In other instances, the State is responsible in like manner when it acts through a special
agent; but not when the damage has been caused by the official to whom the task is done
properly pertains, in which case what is provided in Article 2176 shall be applicable.
Lastly, teachers or school heads of establishments shall be liable for damages caused by
their pupils and students or apprentices, so long as they remain in their custody. The
responsibility treated of in this article shall cease when the persons herein mentioned
proving that they observed all the diligence of a good father of a family to prevent damage.