Civil Law (Obligations and Contracts)

Question 1

What are the three (3) kinds of culpa (fault or negligence)?

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Answer 1

(1) Culpa Aquiliana (Quasi-delict) - is the wrongful or negligent act or omission which creates a juridical tie and gives rise to an obligation between two (2) persons not formally bound by any other obligation and is governed by Article 2176 of the New Civil Code of the Philippines.

(2) Culpa Contractual (Contractual Negligence) - is the fault or negligence incident in the performance of an obligation which already existed and is governed by Articles 1170 to 1174 of the New Civil Code of the Philippines.

(3) Culpa Criminal (Criminal Negligence) - is the negligence arising from a criminal act and is governed by Article 365 of the Revised Penal Code.

Question 2

Give illustrative examples for the three (3) kinds of culpa (fault or negligence).

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Answer 2

(1) Culpa Aquiliana (Quasi-delict)
–> Exists between a pedestrian hit by a taxi (thus suffering physical injuries) and the negligent driver and owner of the taxicab company.
–> There is no previous existing contractual relations between the pedestrian, on one hand, and the taxi driver and the owner of the taxicab company, on the other hand.

(2) Culpa Contractual (Contractual Negligence)
–> Exists between the passenger in a taxi (which was hurt because of the driver’s negligence) and the owner of the taxicab company, due to a contract of carriage between the two.
–> Does not exist between the passenger in a taxi and the driver of the taxicab.

(3) Culpa Criminal (Criminal Negligence)
–> Exists between a pedestrian hit by a taxi (physical injuries through reckless imprudence) and the negligent driver (primary liability).
–>–> Exists between a pedestrian hit by a taxi (thus suffering physical injuries) and the owner of the taxicab company (subsidiary liability), if the negligent taxi driver is found guilty and is insolvent.

Question 3

For the following situation, illustrate how the three (3) types of culpa (negligence) come into play.

A pedestrian and a passenger were both injured because of the recklessness of a taxi-driver.

Answer 3

(1) Culpa Aquiliana (Quasi-Delict)
–> Filed by the pedestrian against the driver and the owner of the taxi company.

(2) Culpa Contractual (Contractual Negligence)
–> Filed by the passenger against the owner of the taxi cab (due to contract of carriage)

(3) Culpa Criminal (Criminal Negligence)
–> Filed by both pedestrian and passenger against the driver (primary liability)
–> Filed by both pedestrian and passenger against the owner of the taxi company (subsidiary liability), if the negligent taxi driver is found guilty and is insolvent.

Question 4

(1) What is an obligation?
(2) What are the elements of an obligation?
(3) How do obligations arise?

Answer 4

(1) An obligation is a juridical necessity to give, to do, or not to do.

(2)
(a) active subject (obligee or creditor);
(b) passive subject (obligor or debtor);
(c) object or prestation; and
(d) efficient cause (vinculum or juridical tie) or the reason why the obligation exists

(3)
(a) laws;
(b) contracts;
(c) quasi-contracts;
(d) acts or omissions punished by law; and
(5) quasi-delicts.