TORTS AQUINO CODAL PROVISIONS
GENERAL CONSIDERATIONS
Civil Code
Catch All Provisions
Article 19. Every person must, in the exercise of
his rights and in the performance of his duties,
act with justice, give everyone his due, and
observe honesty and good faith.
Article 20. Every person who, contrary to law,
wilfully or negligently causes damage to another,
shall indemnify the latter for the same.
Article 21. Any person who wilfully causes loss or
injury to another in manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.
NEGLIGENCE
Civil Code
Article 1171. Responsibility arising from fraud is
demandable in all obligations. Any waiver of an
action for future fraud is void.
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.
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 2201. In contracts and quasi-contracts,
the damages for which the obligor who acted in
good faith is liable shall be those that are the
natural and probable consequences of the
breach of the obligation, and which the parties
have foreseen or could have reasonably
foreseen at the time the obligation was
constituted.
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.
Presumptions
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. (n)
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 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
Revised Penal Code
TORTS AQUINO CODAL PROVISIONS
Art. 365. Imprudence and negligence. Any
person who, by reckless imprudence, shall
commit any act which, had it been intentional,
would constitute a grave felony, shall suffer the
penalty of arresto mayor in its maximum period
to prision correccional in its medium period; if it
would have constituted a less grave felony, the
penalty of arresto mayor in its minimum and
medium periods shall be imposed; if it would
have constituted a light felony, the penalty of
arresto menor in its maximum period shall be
imposed.
Any person who, by simple imprudence or
negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer
the penalty of arresto mayor in its medium and
maximum periods; if it would have constituted a
less serious felony, the penalty of arresto mayor
in its minimum period shall be imposed.
RA 9344: Juvenile Justice and Welfare Act
SEC. 6. Minimum Age of Criminal Responsibility.
A child fifteen (15) years of age or under at the
time of the commission of the offense shall be
exempt from criminal liability. However, the
child shall be subjected to an intervention
program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected
to an intervention program, unless he/she has
acted with discernment, in which case, such child
shall be subjected to the appropriate
proceedings in accordance with this Act.
The exemption from criminal liability herein
established does not include exemption from
civil liability, which shall be enforced in
accordance with existing laws.
AFFIRMATIVE DUTIES
Revised Penal Code
Art. 275. Abandonment of person in danger and
abandonment of one's own victim.
The penalty of arresto mayor shall be imposed
upon:
1. Anyone who shall fail to render assistance to
any person whom he shall find in an uninhabited
place wounded or in danger of dying, when he
can render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense.
2. Anyone who shall fail to help or render
assistance to another whom he has accidentally
wounded or injured.
3. Anyone who, having found an abandoned
child under seven years of age, shall fail to
deliver said child to the authorities or to his
family, or shall fail to take him to a safe place.
RA 4136: Land Transportation and Traffic Code
Section 55. Duty of driver in case of accident. - In
the event that any accident should occur as a
result of the operation of a motor vehicle upon a
highway, the driver present, shall show his
driver's license, give his true name and address
and also the true name and address of the owner
of the motor vehicle.
No driver of a motor vehicle concerned in a
vehicular accident shall leave the scene of the
accident without aiding the victim, except under
any of the following circumstances:
1. If he is in imminent danger of being
seriously harmed by any person or
persons by reason of the accident;
2. If he reports the accident to the nearest
officer of the law; or
3. If he has to summon a physician or nurse
to aid the victim.
Civil Code
Liability of Proprietors of Buildings
TORTS AQUINO CODAL PROVISIONS

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