Quasi-DelictsArticle 2176 Elements Acts or omission causing damage to another Fault or Negligence No pre-existing contractual relation

Effects The offender is obliged to pay for the damage done

Article 2177 Entirely separate and distinct from civil liability under the Penal Code The plaintiff can choose either of the two, but not both for the same act or omission

Article 2178 Additional Provision Article 1172 Article 1174 Article 2179 When the Plaintiff cannot recover damages When the immediate and proximate cause of his injury is his own negligence If only contributory, he may recover damages, but the courts shall mitigate the damages to be awardedArticle 2180 The obligation imposed is demandable also to persons to whom the defendant is responsible For the damages caused by the minor children Father Mother in case of Fathers death or incapacity Guardians (including incapacitated person)*The minor children must live in their company but in the case of the guardians there is an additional requirement which is that the minor children or the incapacitated persons must be under their authority For the damages caused by employees Owners and managers of an establishment or enterprise which the employees are employed or on the occasion of their function Employers (includes household helpers), regardless they engaged or not engaged in any business or industry, provided that the employees is acting within the scope of their assigned tasks.

Special Agent The State except when the damage has been caused by the official to whom the task done properly pertains.

Pupils and students or apprentices Teachers Heads of Establishments of arts and trades

*Provided that they remain in their custodyNOTE: The foregoing persons are exempted from liability is they can prove that they observed all the diligence of a good father of a family.

Article 2181 If the a third person pays for the damage cause by dependents or employees may recover from the responsible person what he has paid or delivered in satisfaction of the claim.Article 2182 Where minor or insane person has no guardian or parents The minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointedArticle 2183 The possessor of an animal or whoever may make use of it is responsible for the damage it may cause regardless if it escapes or lost. Exception- 1.) The damage should come from force majeure or 2.) from the fault of the person who has suffered damage Article 2184 In case of motor vehicle accidents The driver and the owner are solidarily liable provided that the latter who was in the vehicle (if not in the vehicle go back to Article 2180) could have prevented the misfortune by due diligence.

Disputable presumption of negligence The driver is presumed negligent if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding 2 months.

Article 2185 Same concept with disputable presumption of negligence, only that the violation of traffic regulations is committed at the time of the accident.Article 2186 Filing of a bond Owner of a vehicle shall file a bond to answer for damages to third persons. The amount of the bond shall be fixed by the competent public official.Article 2187 Who is liable for death or injuries caused by any noxious or harmful substances used? Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goodsArticle 2188 Prima facie presumption of negligence If the defendant has in his possession of dangerous weapons or substances, such as firearms and poison and it is the cause of the death and injury Exception- when the possession or use is indispensable in his occupation or businessArticle 2189 Liable for defective condition of roads, streets, bridges, public buildings, and other public works Provinces Cities Municipalities*must be under their control or supervisionArticle 2190 Liable for the damages building or structure resulting from its total or partial collapse, it is should be due to the lack of necessary repairs The proprietorArticle 2191 Additional responsibility for damages of the proprietor By the explosion of machinery which has not been taken care of with due diligence The inflammation of explosive substances which have not been kept in a safe and adequate place By excessive smoke, which may be harmful to persons or property By the falling of trees situated at or near highways or lanes, if not caused by force majeure By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place.Article 2192