Civil Code of the Philippines, Title XVII Extra-contractual Obligations, Chapter 2, Quasi-delicts

CHAPTER 2

Quasi-delicts

Article 2176. 

Whoever by act or omission causes damage to another, 

there being fault or negligence,

is obliged to pay for the damage done.

Such fault or negligence, 

if there is no pre-existing contractual relation between the parties,

is called a quasi-delict 

and is governed by the provisions of this Chapter.

Article 2177. 

Responsibility for fault or negligence under the preceding article 

is entirely separate and distinct 

from the civil liability arising from negligence under the Penal Code. 

But the plaintiff cannot recover damages twice 

for the same act or omission of the defendant.

Article 2178. 

The provisions of articles 1172 to 1174

 are also applicable to a quasi-delict. 

Article 1172. 

Responsibility arising from negligence 

in the performance of every kind of obligation 

is also demandable, 

but such liability may be regulated by the courts, 

according to the circumstances.

Article 1173. 

The fault or negligence of the obligor consists in 

the omission of that diligence 

which is required by the nature of the obligation 

and corresponds with the circumstances 

of the persons, of the time and of the place.

When negligence shows bad faith, 

the provisions of articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state

the diligence which is to be observed in the performance, 

that which is expected of a good father of a family shall be required. 

Article 1174. 

Except in cases expressly specified by the law, 

or when it is otherwise declared by stipulation, 

or when the nature of the obligation requires the assumption of risk, 

no person shall be responsible for those events 

which could not be foreseen, 

or which, though foreseen, were inevitable. 

Article 1171. 

Responsibility arising from fraud 

is demandable in all obligations. 

Any waiver of an action for future fraud is void.

Article 2201. 

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In case of fraud, bad faith, malice or wanton attitude, 

the obligor shall be responsible for all damages 

which may be reasonably attributed 

to the non-performance of the obligation. 

Article 2179. 

When the plaintiff's own negligence 

was the immediate and proximate cause of his injury, 

he cannot recover damages.

But if his negligence was only contributory, 

the immediate and proximate cause of the injury 

being the defendant's lack of due care, 

the plaintiff may recover damages, 

but the courts shall mitigate the damages to be awarded. 

Article 2180. 

The obligation imposed by article 2176 

is demandable not only for one's own acts or omissions, 

but also for those of persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, 

are responsible for the damages caused 

by the minor children who live in their company.

Guardians are liable for damages 

caused by the minors or incapacitated persons 

who are under their authority and live in their company.

The owners and managers of an establishment or enterprise 

are likewise responsible for damages caused by their employees 

in the service of the branches in which the latter are employed 

or on the occasion of their functions.

Employers shall be liable for the damages 

caused by their employees and household helpers 

acting within the scope of their assigned tasks, 

even though the former are not engaged in any business or industry.

The State is responsible in like manner 

when it acts through a special agent; 

but not when the damage has been caused by the official 

to whom the task done properly pertains,

in which case what is provided in article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades 

shall be liable for damages 

caused by their pupils and students or apprentices, 

so long as they remain in their custody.

The responsibility treated of in this article shall cease

when the persons herein mentioned prove 

that they observed all the diligence of a good father of a family 

to prevent damage.  

Article 2181. 

Whoever pays for the damage 

caused by his dependents or employees 

may recover from the latter 

what he has paid or delivered in satisfaction of the claim.  

Article 2182. 

If the minor or insane person causing damage 

has no parents or guardian, 

the minor or insane person shall be answerable with his own property 

in an action against him where a guardian ad litem shall be appointed. 

Article 2183.

The possessor of an animal 

or whoever may make use of the same 

is responsible for the damage which it may cause, 

although it may escape or be lost. 

This responsibility shall cease only 

in case the damage should come from force majeure 

or from the fault of the person who has suffered damage. 

Article 2184. 

In motor vehicle mishaps, 

the owner is solidarily liable with his driver, 

if the former, who was in the vehicle, 

could have, by the use of the due diligence, 

prevented the misfortune. 

It is disputably presumed that a driver was negligent, 

if he had been found guilty of reckless driving 

or violating traffic regulations 

at least twice within the next preceding two months.

If the owner was not in the motor vehicle, 

the provisions of article 2180 are applicable.  

Article 2185. 

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. 

Article 2186. 

Every owner of a motor vehicle shall file 

with the proper government office 

a bond executed by a government-controlled corporation or office, 

to answer for damages to third persons. 

The amount of the bond and other terms 

shall be fixed by the competent public official.  

Article 2187. 

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, 

although no contractual relation exists 

between them and the consumers.  

Article 2188. 

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, 

except when the possession or use thereof 

is indispensable in his occupation or business. 

Article 2189. 

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. 

Article 2190. 

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. 

Article 2191. 

Proprietors shall also be responsible for damages caused:

(1) 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;

(2) By excessive smoke, 

which may be harmful to persons or property;

(3) By the falling of trees 

situated at or near highways or lanes, 

if not caused by force majeure;

(4) By emanations from tubes, canals, sewers or 

deposits of infectious matter, 

constructed without precautions suitable to the place.  

Article 2192. 

If damage referred to in the two preceding articles 

should be the result of any defect in the construction 

mentioned in article 1723, 

the third person suffering damages may proceed 

only against the engineer or architect or contractor 

in accordance with said article, within the period therein fixed.  

Article 1723. 

The engineer or architect 

who drew up the plans and specifications for a building 

is liable for damages 

if within fifteen years from the completion of the structure, 

the same should collapse 

by reason of a defect in those plans and specifications, 

or due to the defects in the ground. 

The contractor is likewise responsible for the damages

if the edifice falls, within the same period, 

on account of defects in the construction 

or the use of materials of inferior quality furnished by him, 

or due to any violation of the terms of the contract. 

If the engineer or architect supervises the construction, 

he shall be solidarily liable with the contractor.

Acceptance of the building, after completion, 

does not imply waiver of any of the cause of action 

by reason of any defect mentioned in the preceding paragraph.

The action must be brought within ten years

following the collapse of the building.  

Article 2193. 

The head of a family that lives in a building or a part thereof, 

is responsible for damages caused by things 

thrown or falling from the same. 

Article 2194. 

The responsibility of two or more persons 

who are liable for quasi-delict is solidary.