1.

DAMAGES; QUASI-DELICT OR "CULPA AQUILIANA" ; PRIMARY AND DIRECT RESPONSIBILITY OF

EMPLOYERS UNDER ARTICLES 1902-1910 OF THE CIVIL CODE. — A head-on collision between a taxi
and a carretela resulted in the death of a 16-year-old boy, one of the passengers of the carretela. A
criminal action was filed against the taxi driver and he was convicted and sentenced accordingly. The
court in the criminal case granted the petition that the right to bring a separate civil action be
reserved. Thereafter the parents of the deceased brought suit for damages against the proprietor of
the taxi, the employer of the taxi driver, under article 1903 of the Civil Code. Defendant contended
that his liability was governed by the Revised Penal Code, according to which his responsibility was
only secondary, but no civil action had been brought against the taxi driver. Held: That this separate
civil action lies, the employer being primarily and directly responsible in damages under articles 1902
and 1903 of the Civil Code.

2. ID.; ID.; ID. — A quasi-delict or "culpa aquiliana" is a separate legal institution under the Civil Code,
with a substantivity all its own, and individuality that is entirely apart and independent from a delict
or crime. Upon this principle, and on the wording and spirit of article 1903 of the Civil Code, the
primary and direct responsibility of employers may be safely anchored.

3. ID.; ID.; ID. — The individuality of cuasi-delito or culpa extra- contractual looms clear and
unmistakable. This legal institution is of ancient lineage, one of its early ancestors being the Lex
Aquilia in the Roman Law. In fact, in Spanish legal terminology, this responsibility is often referred to
as culpa aquiliana. The Partidas also contributed to the genealogy of the present fault or negligence
under the Civil Code: for instance, Law 6, Title 15, of Partida 7, says: "Tenudo es de fazer emienda,
porque, como quier que el non fizo a sabiendas el daño al otro, pero acaescio por su culpa."cralaw
virtua1aw library

4. ID.; ID.; ID. — The distinctive nature of cuasi-delitos survives in the Civil Code. According to article
1089, one of the five sources of obligations is this legal institution of cuasi-delito or culpa extra-
contractual: "los actos . . . en que intervenga cualquier genero de culpa o negligencia." Then article
1093 provides that this kind of obligation shall be governed by Chapter II of Title XVI of Book IV,
meaning articles 1902-1910. This portion of the Civil Code is exclusively devoted to the legal
institution of culpa aquiliana.

5. ID.; ID.; ID.; DISTINCTION BETWEEN CRIMES UNDER THE PENAL CODE AND THE "CULPA
AQUILIANA" OR "CUASI-DELITO" UNDER THE CIVIL CODE. — A distinction exists between the civil
liability arising from a crime and the responsibility for cuasi-delitos or culpa extra-contractual. The
same negligent act causing damages may produce civil liability arising from a crime under article 100
of the Revised Penal Code, or create an action for cuasi-delito or culpa extra-contractual under
articles 1902-1910 of the Civil Code. Plaintiffs were free to choose which remedy to enforce. Some of
the differences between crimes under the Penal Code and the culpa aquiliana or cuasi-delito under
the Civil Code are enumerated in the decision.

6. ID.; ID.; ID.; OPINIONS OF JURISTS. — The decision sets out extracts from opinions of jurists on the
separate existence of cuasi- delicts and the employer’s primary and direct liability under article 1903
of the Civil Code.

7. ID.; ID.; ID.; SENTENCES OF THE SUPREME TRIBUNAL OF SPAIN. — The decision cites sentences of
the Supreme Tribunal of Spain upholding the principles above set forth: that a cuasi-delict or culpa
extra- contractual is a separate and distinct legal institution, independent from the civil
responsibility arising from criminal liability, and that an employer is, under article 1903 of the Civil
Code, primarily and directly responsible for the negligent acts of his employee.

8. ID.; ID.; ID.; DECISIONS OF THIS COURT. — Decisions of this Court are also cited holding that, in
this jurisdiction, the separate individuality of a cuasi-delito or culpa aquiliana under the Civil Code
has been fully and clearly recognized, even with regard to a negligent act for which the wrongdoer
could have been prosecuted and convicted in a criminal case and for which, after such a conviction,
he could have been sued for his civil liability arising from his crime.

9. ID.; ID.; ID.; FOUNDATIONS OF DOCTRINES ABOVE SET FORTH; LITERAL MEANING OF THE LAW. —
The Revised Penal Code punishes not only reckless but also simple negligence; if it should be held
that articles 1902-1910, Civil Code, apply only to negligence not punishable by law, culpa aquiliana
would have very little application in actual life. The literal meaning of the law will not be used to
smother a principle of such ancient origin and such full-grown development as culpa aquiliana.

10. ID.; ID.; ID.; ID.; DEGREE OF PROOF. — There are numerous cases of criminal negligence which
can not be shown beyond reasonable doubt, but can be proved by a preponderance of evidence. In
such cases, defendant can and should be made responsible in a civil action under articles 1902 to
1910, Civil Code. Ubi jus ibi remedium.

11. ID.; ID.; ID.; ID.; EXPEDITIOUS REMEDY. — The primary and direct responsibility of employer
under article 1903, Civil Code, is more likely to facilitate remedy for civil wrongs. Such primary and
direct responsibility of employers is calculated to protect society.

12. ID.; ID.; ID.; ID.; PRACTICE OF RELYING SOLELY ON CIVIL RESPONSIBILITY FOR A CRIME. — The
harm done by such practice is pointed out, and the principle of responsibility for fault or negligence
under articles 1902 et seq., of the Civil Code is restored to its full vigor.