CIVIL LAW: QUASI-DELICTS
XI. QUASI-DELICTS
A. Principles
4. Acts Contrary to Law
Overview
Quasi-delicts (or culpa aquiliana) refer to acts or omissions that, without constituting a crime, cause damage to another by fault or negligence. The governing provision is Article 2176 of the Civil Code of the Philippines, which states:
"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."
Among quasi-delicts, acts contrary to law highlight instances where the law is breached, yet the breach does not rise to the level of a criminal act. These acts create a civil obligation to indemnify for damages caused.
Key Principles: Acts Contrary to Law
Definition of "Acts Contrary to Law":
Acts contrary to law refer to behaviors or omissions that violate legal norms or statutory provisions, causing harm to another person, without constituting a criminal offense.- Example: A person disregards a traffic regulation (e.g., driving through a red light) and causes a vehicular accident, resulting in injury or property damage.
Fault or Negligence (Culpa):
The existence of fault (culpa) or negligence is essential to hold a person liable for a quasi-delict. Fault involves intentional acts contrary to law, while negligence refers to the failure to exercise the care required by law.- Requisite Elements for Liability:
a. There is an act or omission.
b. The act or omission is contrary to law.
c. Damage or injury results.
d. There is a causal connection between the wrongful act or omission and the damage caused.
e. There is no pre-existing contractual relationship between the parties.
- Requisite Elements for Liability:
Standard of Care Expected:
The test for negligence in quasi-delicts involves the reasonable person standard. The defendant must have acted as a prudent person would under the circumstances to avoid causing harm. Failure to meet this standard results in liability.Presumption of Negligence:
Under Article 2184 of the Civil Code, certain circumstances give rise to a presumption of negligence, such as in vehicular accidents. A driver violating traffic laws, for instance, is presumed negligent unless evidence proves otherwise.
Distinctions from Criminal Acts
Intent:
Quasi-delicts are based on negligence or fault, not malice or intent, unlike criminal acts.Separate Liabilities:
An act contrary to law can give rise to both criminal and civil liabilities. However, the acquittal of an accused in a criminal case does not preclude civil liability under a quasi-delict, as stated in Article 2177 of the Civil Code:"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."
Extent of Liability
Direct Liability:
A person who directly commits an act contrary to law that causes damage is directly liable.Vicarious Liability:
Under Articles 2180 and 2181 of the Civil Code, certain individuals are held liable for the acts of persons for whom they are responsible, such as:- Parents for their minor children.
- Employers for their employees (if the damage was within the scope of their duties).
- Teachers and schools for students under their supervision.
Solidary Liability:
Persons jointly responsible for an act contrary to law may be held solidarily liable if the circumstances justify it.Proximate Cause Doctrine:
Liability attaches only if the act contrary to law is the proximate cause of the injury or damage. Proximate cause is defined as the primary cause that sets others in motion and without which the injury would not have occurred.
Defenses Against Liability
Lack of Negligence or Fault:
Demonstrating that the defendant exercised due diligence or that the act was not contrary to law.Force Majeure or Fortuitous Event:
When the act or omission results from circumstances beyond human control, such as natural disasters.Contributory Negligence (Article 2179):
If the plaintiff’s negligence contributed to the harm, the amount of damages recoverable may be mitigated.Absence of Causal Connection:
If the act or omission was not the proximate cause of the damage, liability cannot attach.
Case Illustrations
Violation of Traffic Laws:
A motorist disregards a stop sign, causing an accident. The violation of the traffic law constitutes an act contrary to law, and the motorist is liable for damages under quasi-delict.Construction Law Violations:
A contractor fails to comply with safety regulations, leading to the collapse of a structure and resulting injuries. The breach of the law creates civil liability.Environmental Laws:
A company violates environmental regulations, causing harm to neighboring properties. The act is contrary to law and gives rise to liability for damages under quasi-delict.
Remedies for Acts Contrary to Law
Compensatory Damages:
Awarded for actual losses suffered, including expenses, loss of income, and emotional distress.Moral Damages:
If the act contrary to law caused mental anguish or suffering, the court may award moral damages.Exemplary Damages:
To deter similar conduct, exemplary damages may be imposed in cases of gross negligence.Attorney's Fees:
If justified, the court may award attorney's fees to the injured party.
Concluding Insights
Acts contrary to law within the scope of quasi-delicts emphasize the civil obligations arising from negligent or wrongful conduct. The law aims to balance the protection of individual rights against harm caused by another’s failure to comply with statutory requirements, reinforcing the principle that individuals must act with prudence and within the bounds of the law.