OBLIGATIONS AND CONTRACTS
Guilt of the accused must be proved
CHAPTER 1 – GENERAL PROVISIONS
ARTICLE 1162
Obligations derived from quasi-
delicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by
special laws.
QUASI-DELICT
- An act or omission which causes
damage to another in his person,
property, or rights.
OBLIGATIONS ARISING FROM QUASI-DELICTS
- Rise to an obligation to pay for the
damage done, but there is no pre-
existing contractual relation between
parties.
REQUISITES OF QUASI-DELICT (to be held
liable)
1. Act or omission by the defendant.
2. Fault or negligence of the defendant.
3. Damage caused to the plaintiff.
4. Direct relation of cause and effect
between the act and the damage.
5. No pre-existing contractual relation
between parties.
CRIME OR DELICT DISTINGUISHED FROM
QUALI-DELICTS
1. Crime or delict has criminal or
malicious intent; quasi-delict has
negligence only.
2. Crime affects public interest; quasi-
delicts concerns private interest.
3. Crime has 2 general liabilities
(criminal and civil); quasi-delicts has
civil liability only.
4. The purpose is punishment in crime;
indemnification of the offended party
in quasi-delict.
5. Criminal liability cannot be
compromised or settle by the parties;
liability for quasi-delict can be settled
an any other civil liability.
6.
beyond reasonable doubt in crime;
fault or negligence of defendant need
only be proved by preponderance of
evidence for quasi-delict.
7. Liability of person responsible is
subsidiary in crime; direct and
primary in quasi-delict.
RECOVERY OF DAMAGE TWICE FOR THE
SAME ACT PROHIBITED
- Same negligent causing damage may
produce civil liability under Article 100
of the Revised Penal Code (supra).
- Create an action for quasi-delicts
under Article 2176.
- The Revised Penal Code in Article 365
punishes reckless and simple
negligence.
- Offended party has the option to act
for enforcement of civil liability based
on culpa criminal under Article 100 of
the RPC and act for recovery of
damages based on culpa aquiliana
under Article 2177.
- Offended party of delict or quasi-
delict cannot recover damages twice
for the same act.
o Failure to recover in one will
not necessarily preclude
recovery in the other.