CIVIL LAW > XI. QUASI-DELICTS > B. THE TORTFEASOR > 2. PERSONS MADE RESPONSIBLE FOR OTHERS > b. IN PARTICULAR

Under Philippine civil law, quasi-delicts (or torts) are governed by Articles 2176 to 2194 of the Civil Code of the Philippines, with specific provisions detailing the liability of certain persons who are made responsible for the acts or omissions of others. The doctrine of vicarious liability is central to this discussion, which holds certain individuals liable for damages caused by others under their authority, care, or supervision.

1. Statutory Basis

The primary legal basis is Article 2180 of the Civil Code, which enumerates specific relationships where liability for quasi-delicts extends to persons other than the actual tortfeasor:

"The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions but also for those of persons for whom one is responsible.

"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.

"Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.

"The owners and managers of 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.

"Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former may not be engaged in any business or industry.

"The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.

"Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody."

2. Persons Made Responsible

a. Parents

Basis of Liability: Parents are made liable for damages caused by their minor children under Article 2180 if the child is living in their company. Liability is based on the presumption of parental neglect unless proven otherwise.
Requisites for Liability:
1. The child must be a minor.
2. The child must be living with the parents.
3. The child’s wrongful act must have caused the damage.
Defense: Parents can exculpate themselves by proving that they exercised proper diligence in the upbringing of the child or that they could not have foreseen or prevented the act.

b. Guardians

Scope: Guardians are liable for the acts of minors or incapacitated persons under their authority who live in their company.
Similar Requisites and Defenses: Liability is grounded on the same principles as those for parents, including the presumption of negligence.

c. Employers

Vicarious Liability: Employers are liable for the acts or omissions of their employees and household helpers, provided these occur within the scope of their assigned tasks.
Requisites for Liability:
1. An employer-employee relationship exists.
2. The employee was acting within the scope of his duties at the time the act or omission occurred.
3. The wrongful act or omission caused damage.
Presumption of Negligence: The law presumes the employer's negligence in hiring, training, or supervising the employee.
Defenses:
1. Proof of due diligence in the selection, training, and supervision of employees.
2. Proof that the employee acted outside the scope of his duties (e.g., detour or frolic).

d. Owners and Managers of Establishments

Application: Business owners and managers are liable for damages caused by employees in the service of their establishments or on the occasion of their functions.
Scope of Liability: Liability is limited to acts performed within the course of employment and within the assigned duties of the employee.
Special Consideration: Owners and managers may also be held liable for defects in the premises or operations that lead to damage.

e. Teachers and Heads of Schools

Liability: Teachers or heads of establishments of arts and trades are liable for damages caused by their students or apprentices while under their custody.
Requisites:
1. The student or apprentice caused damage.
2. The act occurred while under the custody or supervision of the teacher or head of the school.
Defense:
1. Proof of proper supervision over students or apprentices.
2. Absence of negligence in maintaining discipline or control.

f. The State

Liability of the State: The State is liable for damages caused by its special agents but not for those caused by public officers acting within the scope of their regular duties.
Definition of Special Agents: These are individuals specifically commissioned by the State to perform a particular act not part of their regular duties.
Exclusion of Liability: For acts of public officers acting within their official functions, liability is direct and personal under Article 2176 unless there is a specific showing of a quasi-delict.

3. Joint and Solidary Liability

Under Article 2194, if two or more persons are jointly responsible for a quasi-delict, their liability is solidary, meaning the injured party may demand the full payment of damages from any one of them.

4. Defenses and Exceptions

Persons made responsible for others may avoid liability if they can show:

Exercise of Due Diligence: Demonstrating proper diligence in supervision, selection, or prevention of the act.
No Causal Connection: Proving that the wrongful act was not causally connected to their relationship with the tortfeasor (e.g., the act was purely personal).
Fortuitous Event or Force Majeure: Showing that the act was caused by an extraordinary and unforeseeable event.

5. Comparative Analysis: Employers and Parents

Parents and employers are both liable under Article 2180, but the basis of their liability differs:
- Parents: Liability is grounded on parental authority and presumed negligence in upbringing.
- Employers: Liability is based on the principle of respondeat superior and presumed negligence in hiring and supervision.

6. Conclusion

The liability of persons made responsible for others in quasi-delicts under Article 2180 reflects the broader principles of diligence and social responsibility. Whether through parental control, employer supervision, or institutional authority, the law ensures that individuals entrusted with oversight over others are held accountable for breaches in their duties of care. These provisions aim to balance the interests of justice by protecting victims of quasi-delicts while allowing liable parties to exculpate themselves by demonstrating due diligence and lack of negligence.