Quasi Delict

Question 1

ELEMENTS OF QUASI DELICTS

Answer 1

1. Damage suffered by the plaintiff
2. Fault or negligence on part of the defendant or of some other person for whose acts he must respond
3. Connection of cause and effect between the fault or negligence of the defendant and damages incurred by the plaintiff.
4. No pre-existing contractual relationship between the parties

Question 2

Statutory Definition of Fault or Negligence

Answer 2

Art. 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, time and place. When negligence shows bad faith, the provisions of Articles 1171 and 2201 apply.

Question 4

Jurisprudential Definition of FAULT

Child Learning Center v. Andamo

Answer 4

• signifies a voluntary act or omission which causes damage to the right of another, giving rise to an obligation on the part of the actor to repair such damage
• IT REQUIRES THE EXECUTION OF A POSITIVE ACT

Question 5

Jurisprudential Definition of NEGLIGENCE

Child Learning Center v. Tagario

Answer 5

Negligence is the failure to observe for the protection of interest of another, that degree of care, precaution and vigilance which circumstances justly demand.
-omission to do an act, which results to damage.

Question 6

Reasonable Causal Connection Rule for labor cases

Indophil v. Adviento

Answer 6

If there is a reasonable causal connection between the claim asserted and the employer-employee relationship, then the case is within the jurisdiction of the labor courts. In the absence thereof, regular courts have jurisdiction.

Question 7

Art. 2194

Answer 7

The responsibility of two or more persons who are liable for a quasi-delict is solidary.

Question 8

When is the fetus considered born?

Answer 8

A fetus is deemed born if it is alive at the time it is completely delivered from the mother’s womb. However, if the intra-uterine life of less than seven months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb.
(Art 41, Civil Code)

Question 9

Requisites of liability as joint tortfeasors

Answer 9

1. Both causes of action are based on quasi-delict

2. Single injury to the defendant. Otherwise, each responsible for the consequences of his respective negligent act.

Question 10

Doctrine in Sabido v. Custodio on Join Tortfeasors

Answer 10

Where the concurrent or successive negligent acts or omissions of 2 or more persons, although acting independently of each other are , in combination, the direct and proximate cause of a single injury to a third person, AND it is impossible to determine in what proportion each contributed to the injury even though his act ALONE might not have caused the whole injury.

Question 11

Third party defendant vis a vis victory of third party plaintiff.
(Singapore Airlines LTD v. CA)

Answer 11

Third party defendant cannot benefit form the victory of third party plaintiff if they have contradictory defenses.

Question 12

JOINT TORTFEASORS

Chan v. INC

Answer 12

All persons who command, instigate, promote, encourage, advise, countenance, cooperate in, aid or abet the commission of a tort or who approve of it after it is done, if done for their benefit.

Question 13

GROSS NEGLIGENCE

Chan v. INC

Answer 13

Entire want of care as to raise a presumption that the person in fault is conscious of the probable consequences of carelessness and is indifferent, or worse, to the danger of injury to person or property of others

Question 14

Liability of insurers

Vda. De Maglana v. Consolacion

Answer 14

Cannot be held jointly and severally liable with insured because liability of insurer is based on contract, insured is based on tort.

Only directly liable under insurance contract.
- in the event of death of any person entitled to indemnity, insurer shall pay representatives