CIVIL CODE
CHAPTER 2
QUASI-DELICTS
Art. 2176. 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. (1902a)
Art. 2177. 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
omission of the defendant. (n)
act
or
Art.
2180.
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 are not 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.
The responsibility treated of in this
article shall cease when the persons herein
mentioned prove that they observed all
the diligence of a good father of a family
to prevent damage. (1903a)
Art. 2184. In motor vehicle
mishaps, the owner is solidarily
liable with his driver, if the former,
who was in the vehicle, could have, by the
use of the due diligence, prevented the
misfortune. It is disputably presumed that
a driver was negligent, if he had been
found guilty or reckless driving or violating
traffic regulations at least twice within the
next preceding two months.
If the owner was not in the motor
vehicle, the provisions of Article 2180 are
applicable. (n)
Art. 2185. Unless there is proof to the
contrary, it is presumed that a
person driving a motor vehicle
has been negligent if at the time
of the mishap, he was violating
any traffic regulation. (n)
LAND TRANSPORTATION AND
TRAFFIC CODE
CHAPTER
VEHICLE
III.
OPERATION
OF
MOTOR
ARTICLE I. License to Drive Motor Vehicles
Sec. 19. Duty to procure license. Except
as otherwise specifically provided in this
Act, no person shall operate any
motor vehicle without first
procuring a license to drive a
motor vehicle for the current year, nor
while such license is delinquent, invalid,
suspended or revoked.
The license shall be carried
by the driver at all times when
operating a motor vehicle, and
shall be shown and/or surrendered for
cause and upon demand to any person
with authority under this Act to confiscate
the same.
REVISED PENAL CODE
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
Art. 365. Imprudence and negligence.
Any person who, by reckless
imprudence, shall commit any act which,
had it been intentional, would constitute a
grave felony, shall suffer the penalty of
arresto mayor in its maximum period to
prision correccional in its medium period;
if it would have constituted a less grave
felony, the penalty of arresto mayor in its
minimum and medium periods shall be
imposed; if it would have constituted a
light felony, the penalty of arresto menor
in its maximum period shall be imposed.
Any
person
who,
by
simple
imprudence or negligence, shall commit an
act which would otherwise constitute a
grave felony, shall suffer the penalty of
arresto mayor in its medium and
maximum periods; if it would have
constituted a less serious felony, the
penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act
covered by this article shall have only
resulted in damage to the property of
another, the offender shall be punished by
a fine ranging from an amount equal to
the value of said damages to three times
such value, but which shall in no case be
less than twenty-five pesos.
A fine not exceeding two hundred
pesos and censure shall be imposed upon
any person who, by simple imprudence or
negligence, shall cause some wrong which,
if done maliciously, would have constituted
a light felony.
In the imposition of these penalties,
the court shall exercise their sound
discretion, without regard to the rules
prescribed in Article sixty-four.
The provisions contained
article shall not be applicable:
in
this
1. When the penalty provided for the
offense is equal to or lower than those
provided in the first two paragraphs of
this article, in which case the court
shall impose the penalty next lower in
degree than that which should be
imposed in the period which they may
deem proper to apply.
2. When, by imprudence or negligence
and with violation of the Automobile
Law, to death of a person shall be
caused, in which case the defendant
shall
be
punished
by
prision
correccional
in
its
medium
and
maximum periods.
Reckless imprudence consists in
voluntary, but without malice, doing or
falling to do an act from which material
damage results by reason of inexcusable
lack of precaution on the part of the
person performing of failing to perform
such act, taking into consideration his
employment or occupation, degree of
intelligence, physical condition and other
circumstances regarding persons, time and
place.
Simple imprudence consists in the
lack of precaution displayed in those cases
in which the damage impending to be
caused is not immediate nor the danger
clearly manifest.
The penalty next higher in degree to
those provided for in this article shall be
imposed upon the offender who fails to
lend on the spot to the injured parties
such help as may be in this hand to give.
(As amended by R.A. 1790, approved June
21, 1957).
