TORTS AND DAMAGES- January 17, 2019

By Faye Perez

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.

Elements of Quasi-delict
1. Damage to the plaintiff
2. Negligence by act/omission of the defendant
3. Connection of the cause and effect between the fault/negligence of the defendant and the damage
incurred by the plaintiff.

Art. 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.

Q. What does “fault or negligence under 2176 is entirely separate and distinct from the civil liability
arising from negligence under the Penal Code” mean? Is there negligence under Penal Code?
A. In a criminal case, the civil action for the recovery of civil liability arising from the offense charged,
shall be deemed instituted with the criminal action unless the offended party waives the civil action,
reserves the right to institute it separately, or institutes the civil action prior to the criminal action. (Sec.
1[a], Rule 111, Rules of Court.)
There is negligence under the Penal Code in Article 365 (Reckless Imprudence)

Example: A driver is driving recklessly along session road and he runs over a boy and the by dies. The
crime is reckless imprudence resulting in homicide. If a case is filed against the driver, that is a criminal
case. When there is criminal case, there is civil liability that arises from the criminal case. Q. Can you
pursue a separate case of quasi-delict?
A. Yes, under Art. 2177 fault or negligence under quasi-delict is entirely separate and distinct from the
civil liability arising from negligence under the Penal Code.

Under the RPC, the civil liability is ex delicto.

Under 1175 of the civil code, the sources of obligations are law, contract, quasi-contract, delict, and
quasi-delict. Under the law, there is civil liability, under delict there is quasi-liability, and under quasi-
delict there is also civil liability.

Under the RPC, when there is fault or negligence, there is criminal negligence or criminal imprudence,
there is criminal case from which arises a civil liability. Now the civil liability arising from ex delicto and
the civil liability arising from quasi-delict are distinct and separate. Q. What is the implication of that? A.
You can file a case for civil liability under criminal law and a case for civil liability under quasi-delict.
Provided, the plaintiff cannot recover damages twice for the same act or omission of the defendant.

Prohibition of Art 2177 is also contained in Section 3 of Rule 111 of the Rules of Court .
Rule 111, Sec. 3, ROC. In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the
Philippines, the independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a preponderance of evidence. In no case,
however, may the offended party recover damages twice for the same act or omission charged in the
criminal action.

Example: There is a passenger bus bound for Manila. Because of the negligence of the driver, and also
the negligence of the employer, the bus suffered a blow out while going down Marcos Hi-way, and the
driver loses control of the bus. The bus falls in the ravine, somebody dies and some suffered physical
injuries, and some lost personal properties. Q. Who are the persons that can be sued?
A. (1) The driver may be sued for reckless imprudence, a criminal case. Under this criminal case, a civil
liability may arise under Article 100 of the RPC which states that a person who is criminally liable is also
civilly liable. The heirs of the victim can pursue the civil liability under the criminal case. (2) The heirs can
also sue for damages under quasi-delict, on the ground of the negligence of the driver or negligence of
the employer in the selection and supervision of the employee. (3) The heirs can also sue for breach of
contract. If one is a passenger of a bus, there is a contract of carriage with the owner of the bus. The
owner has an obligation to deliver his passenger to the place of destination safely. If there is an accident,
then there is a breach of contract. But the plaintiff can only choose for the bigger award.
An offended party has several options under torts and damages It doesn’t necessarily have to arise from
crime.

Q. If it is civil liability ex delicto, what is the liability of the employer?

A. The employer is subsidiarily liable, meaning if the employee is the insolvent the employer will be
made liable for the civil liability. The civil liability of the employer in a criminal case is only subsidiary.
Since the liability is only subsidiary, the civil liability depends on the outcome of the criminal case. So
that, the employer cannot be sued for his subsidiary liability unless the employee is found guilty.

Q. In cases of quasi-delict, who can sue?

A. The offended party can sue both the employer and employee. However, he can also sue the employer
only because the employer is primarily liable under his vicarious liability.

Q. What must you prove if you file a case of (1) quasi-delict against the employer or employee? (2) Of
criminal case? (3) Of breach of contract?
A. (1) Prove existence of negligence
(2) Prove guilt of the accused
(3) Prove that obligation has not been performed

Q. What happens if the accused dies?

A. (1) If he dies before arraignment, the civil liability ex delicto is extinguished because there is no one to
be held liable. However, it is without any prejudice to any civil action the offended party may file against
the estate of the deceased.
(2) If the accused dies after arraignment and during dependency of the criminal action but before final
judgment, the civil liability ex delicto is extinguished because there is no one to be held liable.
(3) If the accused after final judgment, the civil liability ex delicto survives and the case should be filed
against the settlement of the estate of the deceased o against the heirs of the accused.
Q. Under Rule 111 of the ROC, if a criminal case is filed, what happens to the civil liability?
A The civil liability is deemed filed with the criminal action.

Q. When there is no implication of filing of the civil case with criminal case?
A. If the offended party: (1) waives the civil action; (2) reserves the right to institute it separately; or (3)
institutes the civil action prior to the criminal action

Q. If he reserves the right to file a separate civil action, when does he have to make a reservation?
A. Before the presentation of evidence.

Q. If he files a civil case for damages ex delicto what happens if the criminal case is filed?
A. The civil case is deemed suspended until the finality of the criminal case, unless it consolidated (?)

Q. Suppose the accused is acquitted, what happens to the civil liability?

A. (1) If the acquittal is based on the fact that his guilt was not proven beyond reasonable doubt, a
separate civil action may be filed for civil liability ex delicto.
(2) If the acquittal is based on the fact that the crime was never committed or the accused was never
guilty, a civil action for civil liability based on quasi-delict may still be filed.

INDEPENDENT CIVIL ACTION

Article 32 (2nd paragraph) In any of the cases referred to in this article, whether or not the defendant’s
act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely
separate and distinct civil action for damages, and for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be instituted) and may be proved by a
preponderance of evidence.

Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate
and distinct from the criminal action, may be brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

*The physical injuries here is a generic term which includes not only to physical injuries but it also
includes homicide.

Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to
any person in case of danger to life or property, such peace officer shall be primarily liable for damages,
and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized
shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to
support such action.

* These separate civil actions can be filed and heard simultaneously with the criminal case. You don’t
have to wait out for the result of the criminal case if the civil liability is based on Arts 32, 33, 34, and
2176. You don’t have to make reservation for these unlike if the civil liability is ex delicto, you need to
make a reservation for the civil action.

One of the elements of quasi-delict is ”no pre-existing contractual relation between the parties.” In the
case of PSBA, a student of PSBA was killed by an outsider inside the campus. The action for quasi delict
was denied because there was a contractual relation between the deceased and the school. But in
subsequent cases, in the case of Air France, there have been exceptions. If there is a tort that breaches
the contract, then a case for quasi-delict can be filed even if there is contractual relation between the
parties.