Culpa Aquiliana Culpa Contractual Culpa Criminal

(1) The Act or Omission,

(2) The presence of Fault
or Negligence in the
performance of an act,
(3) Injury, (4) Casual
Requisites Connection between the
negligent act and the
injury, and (5) No pre-
existing Contractual
relation

Obligation arises from

the breach of the
Fault or negligence
Basis of Liability resulting in damage or contract because of Existence of a law
defendant's failure to punishing the act
injury (Art. 2176)
exercise due care in its
performance (Art. 1173)

Negligence is merely
incidental to the
Direct, substantive and performance of an Direct, substantive and
Nature of Negligence
independent obligation already independent
existing because of a
contract

Criminal Intent Not necessary Not necessary Necessary

Proof Required Preponderance of Preponderance of Proof beyond

Evidence Evidence Reasonable Doubt
Existence of a Pre- Does not exist (except
existing Contractual the duty to be careful in A pre-exisitng obligation Does not exist
exists
Obligation all human actuations)

Not a complete and

proper defense in the
Defense of a "Good A complete and proper selection of employees Not a proper defense
Father of a Family" defense but can mitigate liability
for damages

No presumption of The presumption of

negligence. The injured The innocence of the
Presumption of party must prove the negligence immediately accused is presumed
Negligence attaches by failure of the
negligence of the until proven guilty
covenant or its tenor
defendant

Nature of the Right

Violated Private right Private right Public right

Art. 2176; 1172-1174

Governing Law Art. 1170-1174 Art. 365 of the RPC
Civil Code