Civil Law and Land Titles and Deeds › Torts and Quasi-delicts

A. Principles

A. Common Principles

Quasi-delict compared with a crime

Quasi-delictCrime
Source of liabilityFault or negligence causing damage, even where the parties have a contract if the act constitutes a tort independently of the contractual breach (Civil Code, Art. 2176)An act or omission punished by law
Nature of the wrongA private wrong, against the injured personA public wrong, against the State
IntentNot required; negligence is enoughCriminal intent is generally required for intentional crimes. Crimes committed through negligence do not require intent to cause the harm; for offenses under special laws, the required mental state depends on the law and the nature of the offense (Revised Penal Code, Art. 3; People v. Simon, G.R. No. 93028, 29 July 1994)
Proof neededPreponderance of evidenceProof beyond reasonable doubt
What the wrongdoer answers forReparation or indemnity for the damageThe penalty, and civil liability as well, since every person criminally liable is also civilly liable (Revised Penal Code, Art. 100)

The two liabilities are separate: responsibility for fault or negligence under Art. 2176 is distinct from civil liability arising from a crime, but the injured party cannot recover damages twice for the same act or omission (Civil Code, Art. 2177).

Quasi-delict compared with breach of contract

Quasi-delict (culpa aquiliana)Breach of contract (culpa contractual)
Source of liabilityThe negligent act itself; even where the parties have a contract, quasi-delict may arise if the act constitutes a tort independently of the contractual breach (Art. 2176)The contract; negligence arises only in performing it (Art. 1170)
Role of negligenceNegligence is the very basis of the obligationNegligence is incidental to the performance of the obligation
Burden of proofThe injured party must prove the defendant's negligenceThe creditor proves the contract and its breach; negligence need not be proved
Employer's defense of diligence in selecting and supervising employeesA complete defense: liability ends on proof of the diligence of a good father of a family (Art. 2180)Not a defense to liability for the breach

The leading case drawing this line is Cangco v. Manila Railroad Co., G.R. No. L-12191, 14 October 1918, which held that the defense of diligence in the selection and supervision of employees applies only to extra-contractual liability.

Main functions of punishing tort

  • Compensation and Restitution – To compensate persons sustaining loss or harm as a result of another’s act or omission, placing the cost of that compensation on those who, in justice ought to bear it.
  • Prevention – To prevent future losses and harm.