Quasi-Delict: Meaning in Philippine Law
Quick answer
A quasi-delict is harm caused to another person through fault or negligence, when there is no contract between them. The person at fault must pay for the damage. It is defined in Article 2176 of the Civil Code.
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.
So there are four parts: an act or omission, fault or negligence, damage, and a link between the act and the damage. The last sentence uses the name quasi-delict when the parties had no contract already. When they did, a party who is negligent in performing the contract is also liable under the rules on obligations, such as Article 1170.
Is a quasi-delict a crime?
No. It is a civil wrong: the remedy is payment of damages, not jail. The same careless act may also be a crime, such as reckless imprudence under Article 365 of the Revised Penal Code. Article 2177 says the civil liability for a quasi-delict is separate and distinct from the civil liability under the Penal Code, but the injured person cannot recover damages twice for the same act. See Reckless imprudence penalty.
Who else can be liable?
Article 2180 makes some people liable for the acts of others, such as the parents and guardians of minors who live with them. Employers are liable for damage caused by employees and household helpers acting within the scope of their assigned tasks, even if the employer has no business. These persons are freed if they prove they observed all the diligence of a good father of a family to prevent the damage.
For road accidents, two more rules matter. Article 2184 makes the owner who was in the vehicle solidarily liable with the driver if the owner could have prevented the mishap by due diligence. Article 2185 presumes a driver negligent if he was violating a traffic regulation at the time. See Is the car owner liable for the driver's accident?.
What damages can be recovered?
Actual damages for losses that are duly proved, such as repair bills (Article 2199). Moral damages are allowed for quasi-delicts causing physical injuries (Article 2219). Exemplary damages may be added if the defendant acted with gross negligence (Article 2231). The action must be filed within four years (Article 1146).
Example
Made-up illustration: a delivery van driver, rushing and texting, rear-ends Mark's parked car. Mark and the driver have no contract. Mark may sue the driver for the repair costs under Article 2176, and the driver's employer under Article 2180, unless the employer proves it observed all the diligence of a good father of a family to prevent the damage. After any crash, see What to do after a road accident.
Which provisions use this term?
Frequently asked questions
What is a quasi-delict in simple words?
It is harm you cause to another person by carelessness (fault or negligence) when you have no contract with that person. Under Article 2176 of the Civil Code, you must pay for the damage.
What must the injured person prove?
From the text of Article 2176: an act or omission, fault or negligence, damage to the injured person, and that the act or omission caused the damage. The article uses the name quasi-delict when there is no pre-existing contract between the parties.
Can an employer be liable for an employee's negligence?
Yes. Article 2180 says employers are liable for damage caused by employees acting within the scope of their assigned tasks. The employer is freed if it proves it observed all the diligence of a good father of a family to prevent the damage.
How long do I have to sue for a quasi-delict?
Four years. Article 1146 of the Civil Code lists actions upon a quasi-delict among those that must be brought within four years.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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