Article 1162 Key Notes
*Article 1162. Obligations derived from quasi-delicts shall be governed by the provisions of
 Article 1162
 Quasi-Delict
 Tortfeasor
 Requisites of Quasi-Delict
 Example: Obligations arising
from Quasi-Delict
 Crimes vs. Quasi-Delicts
Chapter 2, Title XVII of this Book, and by special laws.
- Obligations arising from quasi-delicts or torts
- act or omission which causes damage to another…there being fault or negligence
- no pre-existing contractual relation between parties
- an act na nagawa from negligence or kapabayaan
- Another terms: (1) Torts, (2) Culpa
- a person who commits a tort (civil wrong), either intentionally or through negligence
- nakagawa ng kapabayaan
(1) There must be an act or omission
(2) There must be fault or negligence
(3) There must be damage caused
(4) There must be a direct relation or connection of cause and effect between the act or omission
and the damage
(5) There is no pre-existing contractual relation between the parties
(A) While playing softball with his friends, X broke the window glass of Y, his neighbor. The
accident would not have happened had they played a little farther from the house of Y.
- In this case, X is under obligation to pay the damage caused to Y by his act although there is no
pre-existing contractual relation between them because he is guilty of mere fault or negligence
without any criminal intent.
(B) The father and, in case of his death or incapacity, the mother, are responsible for the
damages caused by the minor children who live in their company.
- Minor Children: Nagcause/Source ng negligence pero hindi sila yung may obligation or liable to that
certain action
(C) The owners and manages or an establishment or enterprise are likewise responsible for
damages caused by their employees in the service of the branches in which the latter are
employed or on the occasion of their functions.
Crime Quasi-Delict
Criminal or malicious intent or criminal
Only negligence
negligence
Punishment Indemnification of the offended party
Affects public interest Concerns private interest
Two Liabilities: (1) Criminal Liability, (2) Civil
Only Civil Liability
Liability
Criminal Liability cannot be compromised or The liability for quasi-delict can be
settled by the parties themselves compromised as any other civil liability
The fault or negligence of the defendant need
The guilt of the accused must be proved
only be proved by preponderance (i.e.,
beyond reasonable doubt
superior or greater weight) of evidence.