QUASI-DELICTS (2176 – 2194 NCC) The possessor of an animal or whoever may make use of

the same is responsible for the damages caused by it,

although it may escape or be lost.
1. Can the plaintiff recover damages against the
Note: This responsibility shall cease only in case the
defendant, if the plaintiff’s own negligence is the
damage has resulted from force majeure, or fault by the
IMMEDIATE and PROXIMATE cause of his injury?
person who has suffered damage.
(art. 2179)

5. What is the rule as to the liability of a vehicle owner,

No. He cannot recover damages. However, if his
as to the damages caused by his driver? (art. 2184)
negligence is only CONTRIBUTORY, and the immediate
and proximate cause of the injury is imputable to the
The owner is solidarily liable with his driver, if the owner
defendant, the plaintiff may recover damages, but the
who is in the vehicle, could have prevented the
court shall mitigate the damages to be awarded.
misfortune by the exercise of due diligence.
Note: Responsibility for fault or negligence under Quasi-
Note: It is disputably presumed that a driver was
delicts is entirely distinct from civil liability arising from
negligent, if he had been found guilty of reckless driving
negligence under the RPC. But the plaintiff cannot
or violating traffic regulations at least twice within the
recover damages twice for the same act or omission of
next preceding two months.
the defendant. (art. 2178)

If the owner was not in the motor vehicle, the provisions

2. The obligation imposed under Quasi-delicts is
demandable not only for a person’s own act or
omission, but also for those whom such person is
responsible. Who are they? (art. 2180)
a. Father or mother as the case may be, for the
damages caused by the minor who live in their
company.
6.
b. Guardians, for the damages caused by minors or
incapacitated person under their authority and
company
c. Owners and managers of establishment, for the
damages caused by their employees in the branches
which they are employed
d. State, for the damages caused by its special agent
e. Teachers or heads of establishments of arts and
trades, for the damages caused by their students or
7.
apprentices in its custody
Note: Whoever pays for the damage caused by their
dependents or employees, may recover what he has paid
in satisfaction of the claim. (art. 2181)
8.
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. (art. 2187)
3. If the minor or insane person has no parents or
guardian, who will bear responsibility for damages?
(art. 2182)
The minor or insane person shall be answerable with his
own property.
4. Who bears responsibility for the damages cause by an
animal? (art. 2183)
of Article 2180 are applicable.
Note: 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. (art. 2185)
There is 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. (art. 2188)
Note: The presumption does not apply when the
possession or use thereof is indispensable in his
occupation or business.
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. (art.
2189)
What are the circumstances wherein the proprietors
are liable for damages? (art. 2191)
a. 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 a safe and adequate place
b. By excessive smoke, which may be harmful to
persons or property
c. By the falling of trees situated at or near highways
or lanes, if not caused by force majeure
d. By emanations from tubes, canals, sewers or
deposits of infectious matter, constructed without
precautions suitable to the place.
Note: 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. (art. 2190)
 9. Considering that the damages is the result of the b. If, in fact, the manager has been tacitly authorized
total or partial collapse of a building due to the by the owner, in which case the rules on agency shall
defects in the plans and specifications of the engineer govern. (Art. 2144.)
or architect under art. 1723, who is responsible? (art.
2192)
Solutio indebiti is the juridical relation which arises
Engineer, architect, or contractor within 15 years from
whenever a person unduly delivers a thing through
the completion of the structure.
mistake to another who has no right to demand it.

10. Other rules on Quasi-delicts.

Ex. X, a tax-exempt cooperative store, paid taxes to the
The head of a family that lives in a building or a part City of Manila, believing that it was liable. In this case, X
thereof, is responsible for damages caused by things may recover payment since it was paid under a mistake.
thrown or falling from the same. (art. 2193)

The responsibility of two or more persons who are liable

for quasi-delict is solidary. (art. 2194)

QUASI – CONTRACTS

1. What is a Quasi-Contract?

It is a juridical relation arising from lawful, voluntary,

and unilateral acts, by virtue of which the parties become
bound to each other based on the principle that no one
shall be unjustly enriched at the expensed of another.
(art. 2142)

2. What are the 2 most important juridical relations

under Quasi-Contracts?

a. Negotiorum gestio
b. Solutio indebiti

Negotiorum gestion is the voluntary management of the

property or affairs of another without the knowledge or
consent of the latter.

Once the gestor has assumed the agency or management

of the business or property, he shall be obliged to
continue such, until the termination of the affair and its
incidents.

Ex. If through the efforts of X, a neighbor, the house of

Y was saved from being burned, Y has the obligation to
reimburse X for the expenses X incurred although Y did
not actually give his consent to the act of X in saving his
house on the principle of quasi-contract.

This juridical relation does not apply:

a. When the property or business is not neglected or

abandoned, in which case the provisions of the Civil
Code regarding unauthorized contracts (Arts. 1317,
1403[1], 1404.) shall govern