Ne Aa Unter Scoala Law — = Arellano Law Foundation al Taft Ave., Cor. Mento St., Pasay City CLASSROOM PRAYER Dios aming Ama, kami ay nagpupuri’t nagpapasalamat sa iyo. Sa patnubay ng mahal na Espiritu Santo kami ay tulungan sa aming pag-aaral dito sa Arellano Law Foundation. At sa aming pakikisama sa aming mga guro at kamag-aral. Tulungan Mo po rin ang mga namamahala ng Arellano Law Foundation. At bigyan Mo po kami ng pagkakataon na makapaglingkod sa aming mga kapwa, sa aming mga magulang at sa Bayang Pilipinas. Hinihingi po namin ito sa ngalan ng iyong Anak na si Hesus. Amen. OUTLINE QUASI-DELICT PP. 360 - 435 Torts and Damages — Hector S. De Leon 2012 Edition I, Art.2180. The obligation imposed by Article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible. 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. negligence ~ Filue + act/ perfers whats expected the dane Page 1 of 17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 occasions of their functions. ery (o _Einplovebs 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. 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 done properly pertains, in which case what is provided in Art. 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades 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 her mentioned prove all that they observed all the diligence of a good , Ue ae father of a family to prevent damage. Dee — bee oe a) PrifieiplelOF VIGSFIOUS! (delegated, done in place of ge ™ 4 another substitute) also known as doctrine of cu’ eh 5k _ imputed negligence - a person is liable for torts 4,“ “committed by those under his responsibility we under certain conditions. b) This is an exception to the rule that no person can be held liable for the acts or omissions of another. etter - Page 2 of 17fe ‘ S Voheshos G, °° gui s epg 2 Bod 9, a Bos af soot rb hy Ay Use c) The liability is solidary (see Art. 2194 - responsibility of two or more persons who are liable for quasi-delict is solidary) d) Under Art. 2180 the liability is based on theory of presumed negligence. American doctrine Respondeat Superior (command responsibility). Responsibility of the master ultimately on his own negligence and not that of the servant. The employer cannot escape liability by interposing the defense of due diligence in the selection and _supervision—of—the—negligent “employee. e) Principle of pater familias - persons liable to the aggrieved party for failure to exercise due care and vigilance over the acts of subordinate in their service or supervision to prevent damage. f) Liability of parents - based on parental authority. Parental dereliction is only presumed and the presumption can be overturned by proof that the parents exercised all the diligence of a good father of a family to prevent damage. The liability of both father and mother is now primary and not subsidiary. The liability of parents under Article 2180 covers not only civil obligations arising from quasi-delict but also those from criminal offense not covered by Art. 101 of the Revised Penal Code. Page 3 of 17% ai inane , ow wat ¥ etlesin & the Pespeesbiiy pare wedes he Ave Parental liability subsists even if the minor is already emancipated, provided he is below 21 years of age (Art. 236 of the Family Code) Art. 101. Rules regarding civil liability in certain cases - The exemption from criminal liability established in subdivisions 1, 2, 3, 5, and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules: First: In cases of subdivisions 1, 2 and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such a person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile, or minor under his authority, legal guardianship, or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law. Second: In cases falling within subdivision 4, of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. Page 4 of 17The courts shall determine, in their sound discretion, the proportionate amount for which each one shall be liable. When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damage has been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations. Third: In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fear shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution. Art. 11. Justifying circumstances. The {following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the {following circumstances concur: First. Unlawful aggression; Second. Reasonable necessity of the means employed to prevent or repel it; Third. Lack of sufficient provocation on the part of the person defending himself. Page 5 of 172. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger, provided, that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive. 4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provide that the {following requisites are present: First. That the evil sought to be avoided actually exists; Second. That the injury feared b e greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Page 6 of 17Art. 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability. 1, An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age." 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his’ surveillance and —_ education; otherwise he shall be committed to the care of some institution or person mentioned in said Article 80.* 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who acts under the compulsion of an irresistible force. Page 7 of 176. Any person who acts under the compulsion of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause. g) Liability of guardian - the liability of guardians is less that is expected of the parents. Guardian de Facto - some relative or neighbor not legally appointed as guardian. If the child causes damages, de facto guardian would generally not be responsible because of the absence of the duty to take care of the child. i h) Liability of owners and managers of : establishment or enterprise. “owners” and “managers” and “employer” do not include the manager of a corporation. Manager of a corporation is regarded as an employee of the corporation. Existence of employer-employee relationship is not presumed but must be established. Negligence of independent contractor makes the one who hires him liable provided the latter controls the work of the former. Page 8 of 17i) Liability of other employers Owners and managers of an establishment or enterprise and employers in general (whether or not engaged in any business or industry) are both liable as long as they were acting within the scope of their assigned task. Employer's liability under Art. 2180 is primary, direct, or immediate. It is joint and solidary. Employer's defense is to show clearly that in the selection and supervision he observed all the diligence of a good father of a family to prevent damage. Applicability of Respondeat Superior principle to hospitals. An employer-employee relationship in effect exists between hospitals and their attending and visiting physicians. The hospital may be held vicariously liable under Art. 2176 (requisite of quasi-delict and Art. 2180) Likewise, hospital can be made answerable under: Art. 1431 - Through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon Art. 1869 - Agency may be express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority Page 9 of 17k) Liability of the State for the acts of its special agents. 1. Two (2) Aspect of Liability It exercises governmental functions liable for the acts of its special agents (public aspect) or in a corporate capacity (private or business aspect where it engages in some private enterprise). 2. Liability for Torts The public official must not only be especially commissioned to do a particular task but that such task must be foreign to said official’s usual governmental functions. |) Lial of teachers or heads of establishments of arts and trade Basis of liability - teachers or heads of arts and trade establishments are in loco parentis to their pupils and students. Meaning “as long as they remain in their custody” - the protective and supervisory custody exercised over the pupils and students for as long they are in the school premises including recess time. II. Defense against vicarious liability a) Exercise of the required diligence in the selection and the supervision of the employee. b) “diligence of a good father of a family” is equated with ordinary care or that diligence which an average or a reasonable prudent person exercises over his own affairs. Page 10 of 17¢) Art. 103, Subsidiary civil liability of other persons - The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. d) Contractual negligence - Where the civil action is based upon negligence in the performance of a contract, the defense of due diligence is not available to the employer. To escape responsibility the employee must prove not only that there was no fault or negligence on his part, but also on the part of his employees. III. Art. 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. The rule is just because the one at fault should answer for the damage he caused. IV. Art. 2182. If the minor or insane person causing damage has no parents or guardians, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. Page 11 of 17V. Art. 2183. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come for force majeure or from the fault of the person who has suffered damage. a) Liability independent of fault or negligence It is based on natural equity and on the principle of social interest for possessing animals for his utility, pleasure, or service. Doctrine of strict liability applies. b),Forcesmajeure is a defense if it is extraordinary and unforeseen. VI. Art. 2184.In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable. a) Civil liability of registered owner subsidiarily - based on a(delict \or, crime under Arts. 100 and-123' of the Revised Penal Code. Solidarily - based on a quasi-delict under Arts. 2176 and 2180 (persons liable) Page 12 of 17b) The test of negligence in Art. 2184 is the omission to do that which the evidence of his own senses tells him he should do to avoid the accident. VII. Art. 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. 3 Presumptions that driver of motor vehicle has been negligent: a) Under Art. 2184 the driver found guilty of reckless driving at least twice within the next preceding two months; b) The test of negligence in Art. 2184 the driver found guilty of violating traffic violations at least twice within the next preceding two months; and / ©) was violating any traffic regulation at the time of v the mishap. VIII. Art. 2186. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official. a) The injured or the heirs of a deceased victim of a vehicular accident may sue directly the insurer of the vehicle. b) A sale of a motor vehicle is valid and binding only between the parties and does not affect third parties, especially the victims of accidents involving said motor vehicle. Page 13 of 17IX. Art. 2187.Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. a) The rule of strict liability applies for reasons: 1. Public interest in discouraging marketing of defective products. 2. Consumers without means or skill to investigate soundness of products. w . Liability not affected by presence of intermediaries. 4, Liability although without contractual relation. b) Requisites for liability a) Defendant is a manufacturer or processor. b) Products manufactured or processed are foodstuffs, drinks, toilet articles, and similar goods. c) Defendant used noxious or harmful substances in the manufacture or processing. d) Death or injury was caused by the product consumed or used containing such noxious or harmful substances. e) Victim is the consumer, user, or purchaser. Page 14 of 17X. Art, 2188. There is a prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or business. XI. Art. 2189. Provinces, cities, and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. a) Liability only requires that control or supervision is exercised over the road, street, etc. XII. Art.2190.The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. Defense - the property was. in a good state of repair or that the collapse was due to a defect in its construction for which the engineer or architect, contractor is liable. XIII. Art. 2191. Proprietors shall also be responsible for damages caused: 1. By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in safe and adequate place; 2. By excessive smoke, which may be harmful to persons or property; Page 15 of 17XIV. 3. By the falling of trees situated at or near highways or lanes, if not caused by force majeure; 4. By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place. - when a person introduce in society a dangerous object from necessity or profit, he exposes others to danger. b) (Principlewof™jpresumed' negligence’ - when an inanimate object causes damage to another the owner thereof become liable. Art. 2192. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in Article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. Art. 1723. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. The contractor \is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor. Page 16 of 17XV. XVI. Acceptance of the building, after completion, does not imply waiver of any of the causes of action by reason of any defect mentioned in the preceding Paragraph. The action must be brought within ten years following the collapse of the building. Art. 2193. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. Art. 2194. The responsibility of two or more persons who are liable for a quasi-delict is solidary. Joint tortfeasors are solidarily liable for. damages. They are each responsible as principals, ‘to the same extent. and in the -same manner as)if they had performed the wrongful act themselves individually. Page 17 of 17