CHAPTER 1

THE PROBLEM AND ITS BACKGROUND

This chapter covers the introduction, theoretical, framework, objectives of the

study, significance of the study, scope and limitation, and definition of terms.

The Introduction

Quasi-delict is defined as an act or omission which causes damages to another,

there being fault or negligence and there being no pre-existing contractual relationship
between the parties.1 In the case of Cinco vs. Canonoy, it has been held that the concept
of quasi-delict in Article 2176 is broad for it includes injuries to persons and damage to
property.2

Road accident is a great example and most common tortuous act. The
recklessness of the drivers is one of the major reasons thereof. In fact, according to the
World Health Organization (WHO) , 1.25 million people around the world die due to
road crashes.3 A 2002 report from the WHO revealed that road accidents is considered
as Top Three cause of death of youth from ages fifteen to twenty- four (15-24).4

The Philippines is not an exception. According to Metro Manila Accident

Recording and Analysis System (MMARAS) that human error is the leading cause of
road mishaps in Metro Manila. 5 Human Error refers to the different forms of
negligence and physical challenges or distractions that a driver faces, leading to road

1
Civil Code, Article 2176
2
G.R. No. L-33171, May 31, 1979
3
https://www.rappler.com/move-ph/issues/road-safety/166151-road-crashes-philippines-awareness-safety
4
Ibid.
5
https://www.rappler.com/move-ph/issues/road-safety/165556-road-crashes-causes-metro-manila-human-error
crashes. 6 Because of the recklessness and carelessness of drivers, pedestrians,
passengers, motorists and properties suffer injuries.

The Department of Justice Advisory which was issued in 2011, defined reckless
driving as “the act of operating a motor vehicle the act of operating a motor vehicle
without reasonable caution considering the width, traffic, grades, crossing, curvatures,
visibility and other conditions of the highway and the conditions of the atmosphere and
weather, or so as to endanger the property or the safety or rights of any person, or so as
to cause excessive or unreasonable damage to the highway.”
7

In the Philippines, reckless driving is being punished by the provisions of

Republic Act 4136 (RA 4136). In the said law, a person who drives recklessly is someone
who shall operate a motor vehicle on any highway recklessly or without reasonable
caution considering the width, traffic, grades, crossing, curvatures, visibility and other
conditions of the highway and the conditions of the atmosphere and weather, or so as
to endanger the property or the safety or rights of any person or so as to cause excessive
or unreasonable damage to the highway .8 Consequently, if due to reckless
imprudence, injuries to the person and property and even death of the person occurred
Article 365 of the Revised Penal Code will apply which penalizes imprudence and
negligence that would constitute a grave felony.

Quasi-delict does not only arise from vehicular mishaps. It may also arise in
cases where: (a) the minor or insane has caused damage9; (b) damage was caused by the
employees in the service of the branches in which the latter are employed or on the
occasion of their functions10; (c) Damages caused by the employees and household
helper of the employer acting within the scope of their assigned tasks, even though the

6
Ibid.
7
https://www.philstar.com/metro/2011/06/04/692501/doj-defines-reckless-driving#V4xPMAMDIAyDvXme.99
8
Section 48, RA 4136
9
Art.2180 in relation to Art. 2182, Civil Code
10
Art. 2180 , Civil Code
former are not engaged in any business or industry;11(d) when the State acts through a
special agent;12 and (e) Where damage was caused by the pupils or students, the
teachers or heads of establishment shall be liable for damages.13

The Civil Code also provides that a manufacturer and processor of foodstuffs,
drink, toilet articles, and similar goods shall be liable for death or injuries caused by
noxious or harmful substances used.14 If death or injury results from the defendant’s
possession of dangerous weapons or substances used, a prima facie presumption of
negligence arises.15 Damages may also be claimed against provinces, cities, and
municipalities if death or injury has occurred by reason of the defective condition of
roads, streets, bridges, public buildings and other public works under their control or
supervision.16 Proprietors of a building or structure is responsible for the damages
resulting from its total or partial collapse if due to lack of unnecessary repairs.17
Likewise,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.18

However because of the litigious and long duration of the proceedings involving
quasi-delict cases, victims are discouraged to file a civil case for damages against the
tortfeasor.

11
Art. 2180, Civil Code
12
Ibid.
13
Ibid.
14
Article 2187, Civil Code
15
Article 2188, Civil Code
16
Article 2189, Civil Code
17
Article 2190, Civil Code
18
Article 2191, Civil Code
 A.M. No. 08-8-7-SC or the 2016 Revised Rules for Small Claims Cases became
effective on February 1, 2016 because from the time when the Small Claims Procedure
was implemented in 2008, it has been found to be an effective tool in providing a
simplified and inexpensive recourse for litigants to assert their claims. Aside from these,
in Small Claims Cases there is no need for the presence or hiring of counsel before the
courts. Thus, the litigious nature is unavailing.

Due to the number of cases arising from quasi-delicts and also due to the
complexities of the court processes, the researcher would like to introduce and to
propose to include quasi-delicts in the applicability of Small Claims. This is in
accordance with a person’s right to an adequate relief from an injury. This will also help
reduce the cases filed in the regular courts.

Theoretical Framework

The Courts, the judges and the lawyers have indispensable roles in achieving
speedy and inexpensive disposition of cases. The Courts have the duty to read
aloud a short statement explaining the nature, purpose and the rule of procedure
o small claims cases19. It can resolve the small claims cases within twenty-four
(24) hours from the termination of hearing. 20

The judges at the hearing, shall first exert efforts to bring the the parties to an
amicable settlement of their dispute. If efforts at settlement fail, the hearing shall
immediately proceed in an informal and expeditious manner and be terminated
within the same day.21

Lastly, although under the Rules of Procedure for Small Claims Cases, the
appearance of a lawyer at the hearing is not allowed, however, it is still best to
consult a lawyer, especially in the preparation of all the necessary supporting

19
Section 22, A.M. No. 08-8-7-SC
20
Section 24, A.M. No. 08-8-7-SC
21
Section 23, A.M. No. 08-8-7-SC
 documents and the statement of claim in order to increase the likelihood of a
successful collection, because once the case is submitted for a decision, the judge
would then base his decision only on the evidence submitted along with the
statement of claims.22

The theoretical framework shows that the Small Claims Procedure is effective
in easing the disposition of cases. The inclusion of damages arising from quasi-
delicts in the applicability of the Small Claims Procedure would help in lessening
the congestion of cases and at the same time will give the injured parties an
adequate and speedy relief.

The objectives of the 2016 Revised Rules of Procedure for small claims cases
are as follows: (a) To protect and advance the constitutional right of persons to a
speedy disposition of their cases; (b) To provide a simplified and inexpensive
procedure for the disposition of small claims cases; and, (c) To introduce
innovations and best practices for the benefit of the underprivileged.23

Objectives of the Study

 Determine the number of cases filed in the Municipal Trial Court of Plaridel
arising from quasi-delicts.
 Study how the Small Claims Cases are effective in the disposition of cases.
 Propose the inclusion of Damages arising from quasi-delicts in the applicability
of Small Claims Cases.

Scope and Limitation of the Study

22
https://businessmirror.com.ph/understanding-small-claims-cases-and-how-it-works-for-you/

23
Section 3, A.M. No. 08-8-7-SC
 The study focused on the Proposal to Include Quasi-delicts in the Applicability
of Small Claims Cases in the Municipal Trial Court of Plaridel, Bulacan.

The researcher considered to find out if the said inclusion will aid in the
disposition of cases and carrying out of justice.

Significance of the Study

The study focused on the proposal to include Quasi-delicts in the Applicability of

Small Claims Cases with the end of declogging of courts congestion and and in helping
the court in attianing justice in an efficient way. Also it also gave weight on how it is
applied in courts particularly in the Municpal Trial Court of Plaridel, Bulacan. It also
gave emphasis with its applicability to the present time because of the numerous cases
involving or arising from quasi-delict. Moreover, the research will benefit the following
persons and entity:

 Courts- the study will benefit the Courts insofar as the disposition of cases
is concerned.
 Judges-the study will help the judges in administering justice in an
efficient manner if the proposal will eventually be incorporated in the
applicability of Small Claims.
 Injured Party- Finally, the injured parties will be able to secure a speedy
and adequate relief if damages arising from Quasi-delicts will be included
in the applicability of small Claims.
Definition of Terms:

 Proposal- plan or an idea, often a formal or written one, which

is suggested for people to think about and decide upon.24
 Include- (of something) to have something smaller as a part of it, or to
make something smaller part of it25
 Applicability- the fact or state of being pertinent 26
 Small Claims- a court where legal action can be taken against
a person who owes a small amount of money27
 Quasi-Delict- act or omission which causes damages to another, there
being fault or negligence and there being no pre-existing contractual
relationship between the parties28
 Justice-In jurisprudence. The constant and perpetual disposition to render
every man his due.29
 A.M. No. 08-8-7-SC-the 2016 Revised Rules of Procedure for Small Claims
Cases
 ABA-American Bar Association30
 Judges- The definition of a judge is a person who has the authority to hear
and decide court cases or a person who is assigned the job of making an
assessment about something.31
 Small Claims Court- a court where legal action can be taken against
a person who owes a small amount of money32

24
https://www.collinsdictionary.com/dictionary/english/proposal
25
https://dictionary.cambridge.org/us/dictionary/english/include
26
https://www.merriam-webster.com/thesaurus/applicability
27
https://dictionary.cambridge.org/us/dictionary/english/small-claims-court
28
Article 2176, New Civil Code of the Philippines
29
What is JUSTICE, n? definition of JUSTICE, n (Black's Law Dictionary)

30
http://www.americanbar.org
31
http://www.yourdictionary.com/judge
  Lawyer- a person whose profession is to represent clients in a court of
law or to advise or act for clients in other legal matters.33
 Injured Party- The injured party in a
court case or dispute about unfair treatment is the person who says they
were unfairly treated.34
 Negligence-
failure to take reasonable care to avoid causing injury or loss to another pe
rson. 35
 Good Faith- Honesty of intention or honest lawful utent. It connotes
freedom from knowledge and cirmcumstances which ought to put a
person in inquiry. In good faith, there exists an honest intention to abstain
from taking unconscentious advantage of another.36

32
https://dictionary.cambridge.org/us/dictionary/english/small-claims-court
33
http://dictionary.reference.com/browse/lawyer
34
https://www.collinsdictionary.com/dictionary/english/injured-party
35
https://lawhandbook.sa.gov.au/ch29s05s01.php
36
Apalar, Torts and Damges (2010)