Article 2176 of the Civil Code: Quasi-delict: liability for fault or negligence
Status: In force
What does Article 2176 say?
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
What does it mean in plain language?
Article 2176 of the Civil Code says that whoever causes damage to another through an act or omission, with fault or negligence, must pay for the damage. When the two people had no contract between them, this kind of fault or negligence is called a "quasi-delict". A case for a quasi-delict must be filed within four years.
Quasi-delicts are one of the five sources of obligations in the Civil Code. Article 1157 lists them: law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. Car crashes, falling objects, careless repairs and many everyday accidents can fall under this article.
How does it work in real life?
Mark's parked car
A jeepney driver hits Mark's parked car because he was not paying attention. Mark and the driver have no contract. This is a quasi-delict. Mark can claim the repair cost he can prove with receipts (Article 2199 allows actual damages for the money loss "duly proved"). He has four years to file the case.
Tina and the falling signboard
A store owner fails to fix a loose signboard for months. It falls and injures Tina, who was walking on the sidewalk. If Tina proves the owner's negligence and her injuries, the owner must pay for the damage. Article 2219 also allows moral damages for "Quasi-delicts causing physical injuries".
Ben and the bus ride
Ben is a paying passenger on a bus that crashes. Ben has a contract with the bus company, so the second sentence of Article 2176, which speaks of cases with "no pre-existing contractual relation", does not call his claim against the company a quasi-delict. Other rules on contracts may apply. This page does not cover them.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- After a road accident, get a police report and keep the names and addresses of the people involved. See what to do after a road accident.
- Under Section 391 of the Insurance Code, as amended by Republic Act No. 10607, a claim for death or injury of a passenger or third party under the compulsory motor vehicle insurance is paid "without the necessity of proving fault or negligence of any kind". See CTPL insurance claim.
- Keep receipts, medical records and photos. Actual damages are paid only for losses that are proved.
- When the owner of a car was not driving, see is the car owner liable for the driver's accident?
- For free or low-cost legal help, see where to find legal help.
What does Article 2176 say?
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
In plain words, a claim under Article 2176 needs:
- An act or omission. Something the person did, or failed to do.
- Fault or negligence. The person was careless or at fault. Intent to harm is not needed.
- Damage to another. Someone suffered harm.
- A link between them. The damage was caused by the act or omission.
The second sentence adds a condition for the name "quasi-delict": there must be no contract already in place between the parties. When there is a contract, such as between a passenger and a bus company, other rules of the Civil Code on obligations and contracts may apply instead.
What does "negligence" mean?
Article 2178 makes Articles 1172 to 1174 apply to quasi-delicts. Under Article 1173, negligence is the failure to use the care required by the nature of the obligation and by the circumstances of the persons, the time and the place. When the law does not state the level of care, the standard is that of "a good father of a family", meaning an ordinary, careful person.
How long do you have to sue for a quasi-delict?
Four years. Article 1146 says:
The following actions must be instituted within four years: (1) Upon an injury to the rights of the plaintiff; (2) Upon a quasi-delict;
Article 1150 adds that the period is counted "from the day they may be brought", unless a special rule says otherwise.
Can you be paid twice, under a criminal case and a quasi-delict?
No. Article 2177 says:
Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.
So a careless act, like reckless driving, can lead both to a criminal case and to a civil claim. The two are separate, but the victim gets paid only once for the same act. For the criminal side, see reckless imprudence penalty.
Who else can be liable?
The person at fault is not always the only one who pays. Article 2180 makes some people answer for the acts of others: parents for minor children living with them, employers for employees acting within their tasks, and teachers for pupils in their custody, among others. They can avoid liability by proving they used the diligence of a good father of a family to prevent the damage.
Other rules in the same chapter:
- Several people at fault. Their liability is solidary (Article 2194). Under Article 1216, the victim may go after any one of them, or some or all of them at the same time.
- Victim also careless. If the victim's own negligence was the immediate and proximate cause of the injury, there is no recovery. If it only contributed, the court reduces the damages (Article 2179).
- Traffic violations. A driver who was violating a traffic regulation at the time of the mishap is presumed negligent, unless there is proof to the contrary (Article 2185).
Frequently asked questions
What is a quasi-delict?
It is fault or negligence that causes damage to another when there is no contract between the parties. Article 2176 of the Civil Code makes the person at fault pay for the damage.
How many years do I have to file a case for a quasi-delict?
Four years. Article 1146 of the Civil Code says an action upon a quasi-delict must be instituted within four years. Article 1150 says the period is counted from the day the action may be brought.
Can I file a quasi-delict case and a criminal case for the same accident?
Article 2177 says responsibility for a quasi-delict is separate and distinct from the civil liability arising from negligence under the Penal Code. But the victim cannot recover damages twice for the same act or omission.
What if the victim was also careless?
Under Article 2179, if the victim's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. If his negligence only contributed, he may still recover, but the court will reduce the damages.
Who pays if two or more people caused the damage?
Article 2194 says the responsibility of two or more persons liable for a quasi-delict is solidary. Under Article 1216, the victim, as creditor, may go after any one of them, or some or all of them at the same time.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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