Torts: Culpa Aquilana As Distinguished From Culpa Criminal General Rule: Pre-Existing Contract Bars Quasi-Delict Exceptions

8/14/22, 8:32 AM Torts: Culpa aquilana as distinguished from culpa criminal; General rule: pre-existing contract bars quasi-delict;
-delict; exceptions Flashc…
Social Science Law Civil Law
Torts: Culpa aquilana as distinguished from culpa

criminal; General rule: pre-existing contract bars
quasi-delict; exceptions
Definition
Term 1 / 55
Culpa criminal simply means negligence arising

What is culpa criminal?
from a criminal act.
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Terms in this set (55)
Culpa criminal simply means negligence arising

What is culpa criminal?
from a criminal act.
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8/14/22, 8:32 AM Torts: Culpa aquilana as distinguished from culpa criminal; General rule: pre-existing contract bars quasi-delict; exceptions Flashc…
Culpa aquiliana is simply quasi-delict or civil

What is culpa aquiliana?
damages due to negligence.
As to what affects them, what is Culpa criminal affects public interest, while culpa
the difference between culpa aquiliana or quasi-delitos are only of private
criminal and culpa aquiliana? concern.
As to what they punish or Culpa criminal punishes and crrects the criminal act,
correct, what is the difference while culpa aquiliana by means of indemnification,
between culpa criminal and merely repairs the damage.
culpa aquiliana?
Culpa criminal is imposed only if there is a penal law

As to their basis, what is the covering them, while quasi-delict or culpa aquiliana
difference between culpa includes all acts in which any kind of fault or
criminal and culpa aquiliana? negligence intervenes. Hence, the latter is broader
in concept.
In this case, the Provincial Prosecutor of Isabela

filed with the RTC an amended information charging
Romeo Dunca y de Tumol with reckless imprudence
resulting in double homicide and damage to
property.
What are the facts in Rafael
Reyes Trucking Corporation On arraignment, the offended parties made a

versus People? (G.R. 129029) reservation to file a separate civil action against the
accused arising from the offense charged.
Hence, the offended parties filed with RTC a

complaint against the employer of the driver based
on quasi-delict.
Among the issues was whether or not the Court may

What is the issue in Rafael award the damages to the offended parties in the
criminal case despite filing of a civil action against
Reyes v. People? the employer of the truck driver.
The Court ruled that in negligence cases, the

aggrieved party has the choice between (1) an
action to enforce civil liability arising from crime
under Article 100 of the Revised Penal Code, and (2)
What did the Court rule in a separate civil action for quasi delict under Article
Rafael Reyes v. People? 2176 of the Civil Code. Once the choice is made, the
injured party can not avail himself of any other
remedy because he may not recover damages
twice for the same negligent act or omission of the
accused.
To file a separate and individual action for quasi-

Capusanan et al. v. Laroya G.R. delict under the 1985 Rules, the offended party had
145391 to reserve in a criminal action the right to bring such
action.
When a criminal action is instituted, the civil action

When shall the civil liability
for the recovery of civil liability arising from the
arising from the offense
offense charged shall be deemed instituted with the
charged deemed instituted
criminal action unless the offended party waives the
with the criminal action? (Rule
civil action, reserves the right to institute it
111, Section 1- Institution of
separately or institutes the civil action prior to the
criminal and civil actions)
criminal action.
The reservation of the right to institute separately

When shall the reservation of the civil action shall be made before the
the right to institute separately prosecution starts presenting its evidence and
the civil action be made? under circumstances affording the offended party a
reasonable opportunity to make such reservation.
When the offended party seeks to enforce civil

What should be done when the
liability against the accused by way of moral,
offended party seeks to
nominal, temperate, or exemplary damages without
enforce civil liability without
specifying the amount thereof in the complaint or
specifying the amount in the
information, the filing fees thereof shall constitute a
complaint or information?
first lien on the judgment awarding such damages.
What must the offended party Where the amount of damages, other than actual, is
do when the amount of specified in the complaint or information, the
damages other than actual is corresponding filing fees shall be paid by the
specified in the complaint or offended party upon the filing thereof in court.
information?
As a general rule, are there any Except as otherwise provided in these Rules, no
filing fees required for actual filing fees shall be required for actual damages.
damages?
No counterclaim, cross-claim or third-party

May a counterclaim, cross-
complaint may be filed by the accused in the
claim or third party complaint
criminal case, but any cause of action which could
be filed by the accused in a
have been the subject thereof may be litigated in a
criminal case?
separate civil action. (1a)
No. Section 111 of the Rules of Court states that the

In BP 22 cases, is reservation to criminal action for violation of Batas Pambansa Blg.
file civil action separately 22 shall be deemed to include the corresponding
allowed? civil action. No reservation to file such civil action
separately shall be allowed.
The rule is that every act or omission punishable by

law has its accompanying civil liability. The civil
G.R. 199067 Nissan Gallery
aspect of every criminal case is based on the
Ortigas v. Purificacion Felipe
principle that every person criminally liable is also
civilly liable.
If the accused is not found to be criminally liable, it

does not necessarily mean that he will not likewise
What is the effect if the
be held civilly liable because the extinction of a
accused is not found to be
penal action does not carry with it the extinction of
criminally liable?
the civil action.
(a) When the acquittal is based on reasonable

doubt as only preponderance of evidence is
When does the rule which says required;
that the extinction of a penal (b) The Court declares that the liability of the
action does not carry with it accused is only civil;
the extinction of a civil action? (c) The civil liability of the accused does not arise
from or is not based upon the crime of which the
accused was acquitted.
In order to be completely free from civil liability

When is the only instance that
arising from a crime charged, a person's acquittal
an accused will NOT be civilly
must be based on the fact that he did not commit
liable from the crime charged?
the offense.
Under Section 1 of Rule 111, what is deemed

Under Section 1 of Rule 111,
instituted with the criminal action is only the action
what is "deemed instituted"
to recover civil liability arising from the crime or "ex
with the criminal action?
delicto".
Are civil actions under Articles No. These civil actions are not deemed instituted in
32, 33, and 2176 of the Civil a criminal action and may be filed separately and
Code "deemed instituted" in a prosecuted independently even without any
criminal charge? reservation in the criminal action.
Is the failure to make No. The failure to make a reservation in the criminal
reservation in the criminal action is not a waiver of the right to file a separate
action a waiver of right to file a and independent civil action based on these articles
separate and independent civil of the Civil Code.
action based on the articles of
the Civil Code?
Why is it that an offended party Because the civil actions based on these articles of
may also file separate and the Civil Code are separate, distinct and
independent civil action based independent of the civil action "deemed instituted"
on Articles 32, 33, 34 and 2176 in the criminal action.
of the Civil Code other than
the civil action "deemed
instituted" from the criminal
act?
What are the instances when The offended party is deemed to have made a
the offended party is impliedly reservation to file a separation civil action if he did
viewed by law that he made a so before filing a criminal action.
reservation to file a separate
civil action?
If the civil action to recover civil liability ex delicto is

What happens if the civil action
filed separately but its trial has not yet commenced,
to recover civil liability ex
the civil action may be consolidated with the
delicto is filed separately but
criminal action. Note that this does not apply for
its trial has not yet
civil actions in a same act or omission filed based on
commenced?
Articles 32, 33, 34 and 2176 of the Civil Code.
What are the two separate civil (1) civil liability ex delicto under Article 100 of the
liabilities on the part of the Revised Penal Code
offender which may be the (2) independent civil liabilities

basis for action against an act
or omission causing damage to
another?
(1) Those not arising from an act or omission

complained of as felony or culpa contractual
(2) intentional torts under Articles 32 and 34
What are examples of (3) culpa aquiliana under Article 2176 of the Civil
independent civil liabilities? Code
(4) where the injured party is granted a right to file

action independent and distinct from criminal action
under Art. 33 of the Civil Code
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In the event that the offended Under Section 2, Rule 111 of the amended 1985 Rules
party files these two cases of Criminal Procedure, a separate civil action, if
simultaneously or one after reserved in criminal action, could not be filed until
the other, should the civil case after final judgment was rendered in the criminal
for quasi-delict be suspended action.
to await the outcome of the
criminal case for the same
reckless or negligent act?
If a separate civil action was filed before the

If the separate civil action was
commencement of the criminal action, the civil
filed before the
action, if still pending, was suspended upon the
commencement of a criminal
filing of the criminal action until final judgment was
action, which must go first?
rendered in the criminal action.
When an employee is accused Yes. The employer may also be facing a civil actionf
of a criminal action in or quasi-delict in this case due to his vicarious
performance of his duty, will liability as employer of the reckless driver under
the employer also face a civil Article 2180 of the Civil Code.
action for quasi-delict?
Is there a difference between Yes.
(a) subsidiary liability of the
employer under the Revised "Subsidiary liability" of the employer is govered by

Penal Code versus (b) the Articles 102 and 103 of the Revised Penal Code,
employer's primary liability
under the Civil Code which is while the employer's liability under the Civil Code is
quasi-delictual or tortious in quasi-delictual in character as mentioned in Article
character? 2180. (respondeat superior)
Liability originates from a delict committed by the

Article 103 of the Revised Penal employee who is primarily liable therefor and upon
Code whose primary liability his employer's subsidiary
liability is to be based.
Before the employer's subsidiary liability may be

What must be done before the
proceeded against, it is imperative that there should
employer's subsidiary liability
be a criminal action whereby the employee's
may be proceeded against
criminal negligence or delict and corresponding
him?
liablity therefor are proved.
Yes. Conviction of an employee primarily liable is a

Is the conviction of an mandatory requirement for the employer's
employee primarily liable a subsidiary liability, as there can be no automatic
condition sine qua non for the subsidiary liability of the defendant employer under
employer's subsidiary liability? Articles 103 of the RPC where his employee has not
been previously convicted.
Under Articles 2176 and 2180 of the Civil Code,

liability is based on culpa aquiliana which holds the
employer primarily liable for tortious acts of its
Where is the liability of an
employees, subject, however, to the defense that
employer based from?
the former exercised all the diligence of a good
father of a family in the selection and supervision of
his employees.
What is the difference between An employer's liability based on quasi-delict is

an employer's liability based primary and direct, while the employer's liability
on quasi-delict versus the based on a delict is merely subsidiary.
employer's subsidiary liability
based on the Revised Penal
Code?
The words primary and direct as contrasted refers

What does the word "primary
to the remedy provided by law for enforcing the
and direct" mean in primary
obligation rather than its character and limits.
and direct liability of the
Although liability of the employee under Article
employer based on quasi-
2180 originates from negligent act of the employee,
delict?
the aggrieved party may sue the employer directly.
Hence, when the employee When the employee causes damage, the law
causes damage, what does the presumes that the employer has himself committed
law presume? (under Article an act of negligence in not preventing or avoiding
2180) the damage.
Yes. Because while the employer is civilly liable in a

Is the idea that the employer's subsidiary capacity for the employee's criminal
liability is purely subsidiary is negligence, the employer is also civilly liable
wrong? (Cerezo v. Tuazon G.R. directly and separately for his own civil negligence
141538) in failing to exercise due diligence in selecting and
supervising his employee.
May a civil action for quasi- Yes. The civil action for quasi-delict against the
delict against the employer employer may proceed even without the erring
proceed even without the employee being impleaded.
erring employee being
impleaded?
This case involved a stabbing incident inside the

campus where the assailants were not students or
employees of the school, hence, no contractual
liability on the part of the school towards the
stabbed persons.
The SC refused to apply the rules on quasi-delict as

PSBA v. Court of Appeals 205 "the circumstances of the present case evince a
scra 729 contractual relation between PSBA and Carlitos
Bautista".
Article 2176 says that obligations arising from quasi-

delicts or tort, also known as extra-contractual
obligations, arise only between the parties not
otherwise bound by contract, whether express or
implied.
Is there an exception to the Yes. These exceptions are further elucidated in:
rule that mere existence of the Singson vs. BSP, Air France vs. Carrascoso and PSBA
contract negates the existence vs. Thomas
of a quasi-delict?
The existence of a contract between the parties

does not bar the commission of a tort by one
Singson vs. BSP 23 scra 1117
against the other and the consequent recovery of
damages therefor.
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This case involves an airplane passenger, who,

despite his first-class ticket, had been illegally
ousted from his first-class accommodation and
compelled to take a seat in the tourist
compartment, was held entitled to recover
Air France v. Carrascoso 18 scra
damages from the air-carrier.
155

The SC in this case ruled that "although the relation

between the passenger and carrier is contractual
both in origin and nature, the act that breaks the
contract may also be a tort
In culpa aquiliana, culpa is substantive and

independent which of itself constitutes the source
What is the difference between of an obligation between persons not formerly
culpa contractual and culpa connected by any legal tie.
aquiliana as to the amount of
negligence? While in culpa contractual, culpa is considered as

an accident in performance of an obligation already
existing.
Is negligence in culpa Yes. Negligence in culpa contractual is only

contractual only incidental to incidental to the performance of the obligation.
the performance of the
obligation?
Is negligence in culpa aquiliana Yes. Negligence in culpa aquiliana is direct and

direct and primary? primary.
Yes. Culpa aquiliana, which is the wrongful or

negligent act or omission, creates a vinculum juris
Is juridical tie or vinculum juris
and gives rise to an obligation between two
created in culpa aquiliana?
persons not formally bound by any other
obligation.
Yes. Culpa contractual, which is the fault or

In culpa contractual, is the negligence incident in the performance of an
liability from an existing obligation which already existed, increases the
obligation increased? liability from such already existing obligation.
What provisions govern culpa Culpa aquiliana is governed by Articles 2176 of the
aquiliana? Civil Code.
What provisions govern culpa Culpa contractual is governed by Articles 1170 to

contractual? 1174 of the same Code.
In quasi-delict, should the Yes. In quasi-delict, the negligence or fault should

negligence or fault be clearly be clearly established because it is the basis of the
established? action.
In breach of contract, the action can be prosecuted

In breach of contract, what merely by proving the existence of the contract and
must be clearly proven? the fact that the obligor failed to acted or omitted
to do an act out of the contract.
When an act which constitutes breach of contract

would have itself constituted the source of a quasi-
LRTA vs. Navidad, 397 scra 75 delictual liability, the contract can be said to have
been breached by tort, thereby allowing rules on
tort to apply.
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Torts: Culpa Aquilana As Distinguished From Culpa Criminal General Rule: Pre-Existing Contract Bars Quasi-Delict Exceptions

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8/14/22, 8:32 AM Torts: Culpa aquilana as distinguished from culpa criminal; General rule: pre-existing contract bars quasi-delict;

-delict; exceptions Flashc…

Social Science Law Civil Law

Torts: Culpa aquilana as distinguished from culpa

Culpa criminal simply means negligence arising

Terms in this set (55)

Culpa criminal simply means negligence arising

Culpa aquiliana is simply quasi-delict or civil

Culpa criminal is imposed only if there is a penal law

In this case, the Provincial Prosecutor of Isabela

What are the facts in Rafael

Reyes Trucking Corporation On arraignment, the offended parties made a

Hence, the offended parties filed with RTC a

Among the issues was whether or not the Court may

The Court ruled that in negligence cases, the

To file a separate and individual action for quasi-

When a criminal action is instituted, the civil action

The reservation of the right to institute separately

When the offended party seeks to enforce civil

No counterclaim, cross-claim or third-party

No. Section 111 of the Rules of Court states that the

The rule is that every act or omission punishable by

If the accused is not found to be criminally liable, it

(a) When the acquittal is based on reasonable

In order to be completely free from civil liability

Under Section 1 of Rule 111, what is deemed

If the civil action to recover civil liability ex delicto is

offender which may be the (2) independent civil liabilities

(1) Those not arising from an act or omission

(2) intentional torts under Articles 32 and 34

(4) where the injured party is granted a right to file

If a separate civil action was filed before the

Is there a difference between Yes.

(a) subsidiary liability of the

employer under the Revised "Subsidiary liability" of the employer is govered by

employer's primary liability

Liability originates from a delict committed by the

Before the employer's subsidiary liability may be

Yes. Conviction of an employee primarily liable is a

Under Articles 2176 and 2180 of the Civil Code,

What is the difference between An employer's liability based on quasi-delict is

The words primary and direct as contrasted refers

Yes. Because while the employer is civilly liable in a

This case involved a stabbing incident inside the

The SC refused to apply the rules on quasi-delict as

Article 2176 says that obligations arising from quasi-

The existence of a contract between the parties

This case involves an airplane passenger, who,

The SC in this case ruled that "although the relation

In culpa aquiliana, culpa is substantive and

aquiliana as to the amount of

negligence? While in culpa contractual, culpa is considered as

Is negligence in culpa Yes. Negligence in culpa contractual is only

Is negligence in culpa aquiliana Yes. Negligence in culpa aquiliana is direct and

Yes. Culpa aquiliana, which is the wrongful or

Yes. Culpa contractual, which is the fault or

What provisions govern culpa Culpa contractual is governed by Articles 1170 to

In quasi-delict, should the Yes. In quasi-delict, the negligence or fault should

In breach of contract, the action can be prosecuted

When an act which constitutes breach of contract

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