ELEMENTS OF A QUASI-DELICT

CANGCO V. MANILA RAILROAD CO.

In a case of negligence which presupposes the existence of a contractual obligation, the plaintiff
should only prove that the contract exists and that the defendant has breached it—it is not necessary
for the plaintiff to prove negligence. As such, it is obvious that proof on the part of defendant that the
negligence or omission of his servants or agents caused the breach of the contract would NOT
constitute a defense to the action.

GENERAL RULE: Article 2176 of the Civil Code does not apply when the party's negligence
occurs in the performance of an obligation. The negligent act would give rise to a quasi-
delict only when it may be the basis for an independent action were the parties not
otherwise bound by a contract.

EXCEPTION:  although the relation of passenger and carrier is "contractual both in origin
and nature" nevertheless "the act that breaks the contract MAY be also a tort". (EXAMPLE
BINASTOS KA NG FLIGHT STEWARDESS WHILE ON BOARD)