CONCEPT OF QUASI-DELICTS? Q WHAT IS QUASI-DELICT? 1. 2. 3. 4.

Obligation (resulting from) Act or omission through fault or negligence (Causing) Damage to another (person, property or right). No pre-existing obligation.

BASIC PRINCIPLE OF QD Even if DAMAGE is done if no NEGLIGENCE OR FAULT = No LIABILITY. WHAT IS FAULT/ NEGLIGENCE? FAULT - Act or omission or conduct contrary to what should be done. (Positive Act) NEGLIGENCE Failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand whereby such other person suffers injury. (Omission) No Duty-To Act Rule If D is not placed under a special relation with P to act for the benefit of P = NO LIABILITY ELEMENTS OF QD Act or omission of D Fault or negligence of D Damage to P in his person, property or right. Direct Causal Relation between a/o and damage No pre-existing obligation. BURDEN OF PROOF Rests in P unless for a particular incident (Art 2180, 2183 & 2191, Negligence is presumed. CULPA AQUILIANA or EXTRA-CONTRACTUAL Wrong Independent of Contract CULPA CONTRACTUAL Wrong within the performance of contract.

IS ACQUITTAL IN CC BAR TO CIVIL ACTION FOR CA? NO, but there is a bar for double indemnity under Art 2177. FACTORS TO BE CONSIDERED IN NEGLIGENCE CASES Nature of the obligation Circumstances of the person Circumstances of time Circumstances of the place DISTINCTION IN CONTRACTUAL CONTRACTUAL NEGLIGENCE NEGLIGENCE AND EXTRA-

CN Mere failure to comply is presumed negligence ECN Negligence must be shown because it is the meat of the action/corpus quasi-delicti. FORTUITOUS EVENT Defense, unless exempted by law stipulation, assumption of risk, or prior negligence. DOCTRINE OF RES IPSA LOQUITUR Burden of evidence is shifted to the tortfeasor. EMERGENCY RULE Compelled to act instantly wo reflection NO NEGLIGENCE STANDARD CARE OF PROFESSIONALS Compliance with customs and best practices SOP No Malpractice

Article 2180. PRINCIPLE SUPERIOR)

OF

VICARIOUS

LIABILITY

(RESPONDEAT

Liability for tort committed by himself and by others. Called also as DOCTRINE OF IMPUTED NEGLIGENCE Key: The vicar must be in special relationship with the main author of the tort.

Parents due to parental authority Guardian Guardian de facto if give wrong education Owners/Manager of Business/enterprise Other owners/managers (General Owners) State (for Special Agents only) (Distinguish Governmental and Proprietary)

Teachers/Head of Arts/Trades Property (For Minor/Insane without Parents/Guardian) Owner of Motor Vehicle Manufacturers/Processors of foodstuff, etc. Proprietor of collapsing building DEFENSES - Due diligence (Not available in criminal or contractual negligence but available in QD)

Article 2181. Right to Reimbursement Payor of Damage Claim can seek reimbursement from the author of the injury who is personally liable.

Article 2182. Minor or Insane Tortfeasor without Parent or Guardian No personal liablity but only property liability in case where a guardian ad litem is appointed by court.

Article 2183. Liability of Animal Possessor Presumed Negligence if animal causes harm or injury. (Even if escape or lost) Philosophy: Natural Equity & Social Interest. Defense: Force majeure or fault of P.

Article 2184. Liability of MV Owners in Vehicular Accidents 1. Solidary with Driver if MV Owner is inside MV and could have exercised due diligence. 2. MVO not liable for negligence if driver is competent and MVO has no reasonable opportunity to prevent act or continuing negligent act of driver. 3. Driver is presumed negligent if found guilty of reckless driving or violating TR twice in 2 months preceding the accident. Article 2185. Presumed Negligence vs. Driver of MV violating Traffic Regulation Presumed Negligence: Article 2186. REQUISITE BOND for owners of Motor Vehicle to answer for INJURY or DAMAGE

Article 2187. Liability of Manufacturers and Processors of FoodStuffs, other goods . . . to CONSUMERS Strict Liability Rule Application: Conditions: Due to Use of Noxious or Harmful Substances in products. Q Is defense of No Contractual Relations or due diligence tenable? No. Under the Rule of Strict Liability, public policy demands that consumers injured must be compensated. Manufacturers are in best position to anticipate the harm and guard the consumer from harm. Q What is the scope of the term CONSUMER

Includes USER and purchaser. Article 2188. Presumed Negligence for carrying DANGEROUS WEAPONS or SUBSTANCES. Presumed Negligence: Exception: If DEATH or INJURY arises due to the above condition. By virtue of Occupation carrying is indispensable.

Article 2189. Liablity of Provinces, Cities, & Municipalities due to DEFECTIVE CONDITIONS of ROADS, BRIDGES, PUBLIC BUILDING and other PUBLIC OWRKS. Ownership of Public Works is immaterial. True Test: Who has CONTROL or SUPERVISION over such public works?

Article 2190. Liablity of Proprietor of a Building due to collapse (Total or Partial) Presumed Negligence: Cause of collapse is lack of maintenance/necessary repair. Owner is liable.

Article 2191. Liablity of Proprietors for maintaining RISKY OBJECTS Two Principles applicable to this:

1. Principle of Created Risk One who introduces dangerous (inanimate) objects (whether by necessity or profit) in society and such objects causing injury to another shall be liable for damages. Philosophy: He exposes others to danger. 2. Principle of Presumed Negligence Proof of Fault or Negligence is UNNECESSARY. Article 2192. Damage caused due to defect in construction. Q Who should be liable? Engineer or Architect or Contractor or all of them under Art. 1723 Q What does Art. 1723 provide? Collapse of bldg w/in 15 years from completion = (Engr. or Acht) Contractor is also liable if BUILDING FALLS w/in 15 years from completion due to: Defect in Construction; Defect or inferior quality of materials used; Violation of Terms of Contract. Supervising Engr. or Acht liaible with Contractor Acceptance of Bldg from completion NOT deemed WAIVER.

Article 2193. The head of a family that lives in a building or part thereof, is responsible for damages caused by things thrown or falling from the same. Q What is the scope of term head of family? It is not limited to owner but even lessee. Instance: Leaking faucet from higher level of the building causing damage to occupants below. Article 2194. The responsibility of two or more persons who are liable for QD is solidary. Q What do you mean by the term JOINT TORTFEASORS? It includes all persons who command, instigate, promote, encourage, advise, countenance, cooperate in, aid or abet the commission of a tort, approve of it after it is done for their benefit. (Note, although called joint, the real liability is solidary)

Common instances: LGU & Corporation running a public market whose defective infrastructures caused harm (Jimenez vs. City of Manila, 150 SCRA 510 [1987]) Co-Owners of business where ee driver caused harm (De Leon Brokerage Co., Inc. vs. CA, 4 SCRA 517 [1962] Driver of Gasoline Tanker ran over deceased solidarily liaible with owner of Tanker (Malipol vs. Tan, 55 SCRA 202 [1974]). Q What is Concert of Action? Where 2 or more D act in concert or motivated by a common plan in causing QD or harm to P. Q What is Breach of Common Duty? Where 2 or more D under a common duty to P fail in performing such common duty. (NOTE: But if the Harm is Indivisible, even if 2 or more D acted independently of each other, if their acts constitute INDEPENDENTLY CONCURRING TORTS causing harm to P, the tort is treated as JOINT TORT). Q What is the liability of Ds in Joint Tort? If harm is indivisible If harm is divisible & apportionable Q = = Joint and Solidary. Joint

What is the prescription of action upon a QD?

4 years. (Art. 1146 (2) provides that action upon QD must be instituted w/in 4 years.) Q What is the prescription of action for illegal dismissal? 4 years. (New Imus Lumber vs. NLRC, 221 SCRA 589 [1993] - not only simple money claim but reinstatement) Q What is the reckoning time in counting the prescriptive period? From the time the QD occurred or was committed. (Not from discovery)