CHAPTER 2 Crime

NEGLIGENCE
Actionable negligence may either be
culpa contractual, culpa aquilana, and criminal
negligence.
1. QUASI DELIT
Culpa Aquilana
Art. 2176. Whoever by act or omission causes
damage to another, there being fault or
negligence, is obligated to pay for the damage
done. Such fault or negligence, if there is no
pre-existing contractual relation between the
parties, is called quasi-delict and is governed
by the provision of this Chapter.
REQUISITES:
1. There must be an act or omission
constituting fault or negligence;
2. Damage caused by the said act or
omission; and
3. Causal relation between the damage
and the act or omission.
4. There is no pre-existing contractual
relation between the parties.
An action based on quasi delict can be
maintained even if there is an existing
contractual relation between the parties.
The test (whether a quasi-delict can be deened
to underlie the breach of a contract) was stated
thus:
Where, without a pre-existing contract
between two parties, an act or omission can
nonetheless amount to an actionable tort by
itself, the fact that the parties are
contractually bound is no bar to the
application of quasi delict provisions to the
case.
“DUTY” need not be alleged and proved in
order to recover.
GENERAL DUTY OF CARE- it is not for the
plaintiff to prove the existence of duty as an
element of cause of action.
Art. 365. Imprudence and Negligence.
A. Elements of the Crime
1. The offender does or fail to do
an act;
2. The doing or the failure to do
that act is voluntary;
3. It is without malice;
4. The material damage results
from the reckless imprudence;
and
5. There is inexcusable lack of
precaution on the part of the
offender, taking into
consideration his employment,
degree of intelligence, physical
condition, and other
circumstances regarding
persons, time, and place.
3. CONTRACT
Culpa Contractual
Art. 1170. Those who in the performance of
their obligations are guilty of fraud,
negligence, or delay, and those who in any
manner contravene the tenor thereof, are
liable for damages.
ART 1234 THE JOINNER
ART. 1171. Responsibility arising from fraud is
demandable in all obligations. Any waiver of
an action for future fraud is void.
ART. 1172. Responsibility arising from
negligence in the performance of every kind of
obligations is also demandable, but such
liability may be regulated by the courts,
according to the circumstances.
ART. 1173. The fault or negligence of the
obligor consists in the omission of that

“there is no requirement that the negligent act

or omission is directed at a specific person but it
suffices that a person suffers damages as a
consequence of a wrongful act of another in
order that indemnity could be demanded from
the wrongdoer”

The obligation based on quasi-delict must also

have the essential requisites of a obligation:
1. Active subject
2. Passive subject
3. Prestation
4. Vinculum juris

2. DELICT