Culpa Culpa Culpa Criminal

Aquiliana Contractua (Crimes)

(Quasi- l (Contract)
Delict)
There can be a The obligation
quasi-delict as arises from the
long as there is breach of There can be no
Legal fault or contract crime unless
Basis of negligence because of there is a law
Liability resulting in defendant’s clearly
damage or failure to punishing the
injury to exercise due act.
another. care in its
performance.
Only incidental
to the
Direct, performance of Direct,
Nature of
Negligence
substantive, and an existing substantive, and
independent obligation based independent
on a contract
Not necessary. Essential for
Criminal
Fault/Negligenc Not necessary. criminal liability
Intent
e will suffice. to exist.
Quant Preponderance Preponderance Proof beyond
um of of evidence of evidence reasonable doubt
Eviden
ce

Art. 2176 -2194

Governing Art. 1170-1174,
Law
Art. 1172-1174, Art. 365, RPC
NCC NCC

Not a complete
A complete and and proper CANNOT be
Defense
of “Good proper defense defense in the interposed.
Father of insofar as selection and If the employee
the parents, supervision of is insolvent, the
Family” guardians, employees but employer is
(DOAGFOAF) employees are can mitigate subsidiarily
concerned liability for liable
damages