Torts Provisions

THE CONCEPT OF QUASI DELICT

ELEMENTS
ARTICLE 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)
DISTINCTIONS
Quasi-Delict vs. Delict
ARTICLE 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 act or
omission of the defendant. (n)
ARTICLE 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 prisin
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.
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 25 pesos.
A fine not exceeding 200 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 62.
The provisions contained in this article
shall not be applicable:
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, the
death of a person shall
be caused, in which
case the defendant
shall be punished by
prisin correccional in
its medium and
maximum periods.

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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 or 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.

Quasi delict vs. Breach of contract

ARTICLE 1170. Those who in the
performance of their obligations are guilty of
fraud, negligence, or delay, and those who in
any manner contravene the tenor thereof, are
liable for damages. (1101) cd

circumstances of the persons, of the time and

of the place. When negligence shows bad
faith, the provisions of articles 1171 and 2201,
paragraph 2, shall apply.

ARTICLE 1171.Responsibility arising

from fraud is demandable in all obligations.
Any waiver of an action for future fraud is void.
(1102a)
ARTICLE 1172.Responsibility arising
from negligence in the performance of every
kind of obligation is also demandable, but such
liability may be regulated by the courts,
according to the circumstances. (1103)
ARTICLE 1173.The fault or negligence
of the obligor consists in the omission of that
diligence which is required by the nature of the
obligation and corresponds with the

If the law or contract does not state

the diligence which is to be observed in the
performance, that which is expected of a good
father of a family shall be required. (1104a)
ARTICLE 1174.Except in cases
expressly specified by the law, or when it is
otherwise declared by stipulation, or when the
nature of the obligation requires the
assumption of risk, no person shall be
responsible for those events which could not
be foreseen, or which, though foreseen, were
inevitable. (1105a)
ARTICLE 2178.The provisions of articles 1172 to 1174
are also applicable to a quasi-delict. (n)

NEGLIGENCE
CONCEPT OF NEGLIGENCE
Definition; Elements
ARTICLE 20.Every person who, contrary to law,
wilfully or negligently causes damage to another,
shall indemnify the latter for the same.
ARTICLE 1173.The fault or negligence
of the obligor consists in the omission of that
diligence which is required by the nature of the
obligation and corresponds with the
circumstances of the persons, of the time and

of the place. When negligence shows bad

faith, the provisions of articles 1171 and 2201,
paragraph 2, shall apply.
If the law or contract does not state
the diligence which is to be observed in the
performance, that which is expected of a good
father of a family shall be required. (1104a)

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Standard of Conduct
Special Cases
Children
ARTICLE 12.Circumstances Which Exempt from
Criminal Liability. The following are exempt from
criminal liability: Cdpr
1.An imbecile or an insane
person, unless the
latter has acted during
a lucid interval.
When the
imbecile or an insane
person has committed
an act which the law
defines as a felony
(delito), the court shall
order his confinement
in one of the hospitals
or asylums established
for persons thus
afflicted, which he shall
not be permitted to
leave without first
obtaining the
permission of the same
court.
2.A person under nine years of
age.
3.A person over nine years of
age and under fifteen,
unless he has acted
with discernment, in
which case, such minor
shall be proceeded
against in accordance
with the provisions of
article 80 of this Code.
When such
minor is adjudged to be
criminally irresponsible,

the court, in conformity

with the provisions of
this and the preceding
paragraph, shall
commit him to the care
and custody of his
family who shall be
charged with his
surveillance and
education; otherwise,
he shall be committed
to the care of some
institution or person
mentioned in said
article 80.
4.Any person who, while
performing a lawful act
with due care, causes
an injury by mere
accident without fault
or intention of causing
it.
5.Any person who acts under
the compulsion of an
irresistible force.
6.Any person who acts under
the impulse of an
uncontrollable fear of
an equal or greater
injury.
7.Any person who fails to
perform an act
required by law, when
prevented by some
lawful or insuperable
cause.
See RA 9344 Comprehensive Juvenile Justice Law

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Experts/Professionals
ARTICLE 2187.Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or
injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the
consumers. (n)
Insanity
ARTICLE 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)

ARTICLE 2182.If the minor or insane person

causing damage has no parents or guardian, the minor
or insane person shall be answerable with his own
property in an action against him where a guardian ad
litem shall be appointed. (n)

DEGREE OF NEGLIGENCE
ARTICLE 2231.In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.
PROOF OF NEGLIGENCE
Burden of Proof
RULE 131
Burden of Proof and Presumptions
SECTION 1. Burden of proof . Burden of proof is the duty
of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount
of evidence required by law. (1a, 2a) prem05cd
SECTION 2. Conclusive presumptions. The following are
instances of conclusive presumptions:
(a) Whenever a party has, by his own
declaration, act, or omission,

intentionally and deliberately

led another to believe a
particular thing true, and to act
upon such belief, he cannot, in
any litigation arising out of such
declaration, act or omission, be
permitted to falsify it;
(b) The tenant is not permitted to deny
the title of his landlord at the
time of the commencement of
the relation of landlord and
tenant between them. (3a)

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SECTION 3. Disputable presumptions. The following

presumptions are satisfactory if uncontradicted, but may
be contradicted and overcome by other evidence:
(a) That a person is innocent of crime or
wrong;
(b) That an unlawful act was done with
an unlawful intent;
(c) That a person intends the ordinary
consequences of his voluntary
act;
(d) That a person takes ordinary care of
his concerns;
(e) That evidence willfully suppressed
would be adverse if produced;
(f) That money paid by one to another
was due to the latter;
(g) That a thing delivered by one to
another belonged to the latter;
(h) That an obligation delivered up to
the debtor has been paid;
(i) That prior rents or installments had
been paid when a receipt for
the later ones is produced;
(j) That a person found in possession of
a thing taken in the doing of a
recent wrongful act is the taker
and the doer of the whole act;
otherwise, that things which a
person possesses, or exercises
acts of ownership over, are
owned by him;
(k) That a person in possession of an
order on himself for the
payment of the money, or the
delivery of anything, has paid
the money or delivered the
thing accordingly;
(l) That a person acting in a public office
was regularly appointed or
elected to it;

(m) That official duty has been regularly

performed;
(n) That a court, or judge acting as such,
whether in the Philippines or
elsewhere, was acting in the
lawful exercise of jurisdiction;
(o) That all the matters within an issue
raised in a case were laid before
the court and passed upon by
it; and in like manner that all
matters within an issue raised in
a dispute submitted for
arbitration were laid before the
arbitrators and passed upon by
them;
(p) That private transactions have been
fair and regular;
(q) That the ordinary course of business
has been followed;
(r) That there was a sufficient
consideration for a contract;
(s) That a negotiable instrument was
given or indorsed for a
sufficient consideration;
(t) That an indorsement of a negotiable
instrument was made before
the instrument was overdue
and at the place where the
instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and
mailed was received in the
regular course of the mail;
(w) That after an absence of seven
years, it being unknown
whether or not the absentee
still lives, he is considered dead
for all purposes, except for
those of succession.
The absentee shall not
be considered dead for the
purpose of opening his
succession till after an absence

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of ten years. If he disappeared

after the age of seventy-five
years, an absence of five years
shall be sufficient in order that
his succession may be opened.
The following shall be
considered dead for all
purposes including the division
of the estate among the heirs:
(1) A person on board a vessel
lost during a sea
voyage, or an aircraft
which is missing, who
has not been heard of
for four years since the
loss of the vessel or
aircraft;
(2) A member of the armed
forces who has taken
part in armed
hostilities, and has
been missing for four
years;
(3) A person who has been in
danger of death under
other circumstances
and whose existence
has not been known
for four years;
(4) If a married person has been
absent for four
consecutive years, the
spouse present may
contract a subsequent
marriage if he or she
has a well-founded
belief that the absent
spouse is already dead.
In case of
disappearance, where
there is danger of
death under the
circumstances
hereinabove provided,
an absence of only two
years shall be sufficient
for the purpose of
contracting a
subsequent marriage.
However, in any case,
before marrying again,

the spouse present

must institute a
summary proceeding
as provided in the
Family Code and in the
rules for a declaration
of presumptive death
of the absentee,
without prejudice to
the effect of
reappearance of the
absent spouse.
(x) That acquiescence resulted from a
belief that the thing acquiesced
in was conformable to the law
or fact;
(y) That things have happened
according to the ordinary
course of nature and the
ordinary habits of life;
(z) That persons acting as copartners
have entered into a contract of
copartnership;
(aa) That a man and woman deporting
themselves as husband and
wife have entered into a lawful
contract of marriage;
(bb) That property acquired by a man
and a woman who are
capacitated to marry each
other and who live exclusively
with each other as husband and
wife without the benefit of
marriage or under a void
marriage, has been obtained by
their joint efforts, work or
industry.
(cc) That in cases of cohabitation by a
man and a woman who are not
capacitated to marry each
other and who have acquired
property through their actual
joint contribution of money,
property or industry, such
contributions and their
corresponding shares including
joint deposits of money and
evidences of credit are equal.

Torts Provisions

(dd) That if the marriage is terminated

and the mother contracted
another marriage within three
hundred days after such
termination of the former
marriage, these rides shall
govern in the absence of proof
to the contrary:
(1) A child born before one
hundred eighty days
after the solemnization
of the subsequent
marriage is considered
to have been conceived
during the former
marriage, provided it
be born within three
hundred days after the
termination of the
former marriage;
(2) A child born after one
hundred eighty days
following the
celebration of the
subsequent marriage is
considered to have
been conceived during
such marriage, even
though it be born
within the three
hundred days after the
termination of the
former marriage.
(ee) That a thing once proved to exist
continues as long as is usual
with things of that nature;
(ff) That the law has been obeyed;

(ii) That a trustee or other person whose

duty it was to convey real
property to a particular person
has actually conveyed it to him
when such presumption is
necessary to perfect the title of
such person or his successor in
interest;
(jj) That except for purposes of
succession, when two persons
perish in the same calamity,
such as wreck, battle, or
conflagration, and it is not
shown who died first, and there
are no particular circumstances
from which it can be inferred,
the survivorship is determined
from the probabilities resulting
from the strength and age of
the sexes, according to the
following rules: aisa dc

1. If both were under the age of

fifteen years, the older
is deemed to have
survived;
2. If both were above the age of
sixty, the younger is
deemed to have
survived;
3. If one is under fifteen and the
other above sixty, the
former is deemed to
have survived;

(gg) That a printed or published book,

purporting to be printed or
published by public authority,
was so printed or published;

4. If both be over fifteen and

under sixty, and the
sex be different, the
male is deemed to have
survived; if the sex be
the same, the older;

(hh) That a printed or published book,

purporting to contain reports
of cases adjudged in tribunals
of the country where the book
is published, contains correct
reports of such cases;

5. If one be under fifteen or

over sixty, and the
other between those
ages, the latter is
deemed to have
survived. prem05cd

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(kk) That if there is a doubt, as between

two or more persons who are
called to succeed each other, as
to which of them died first,
whoever alleges the death of
one prior to the other, shall
prove the same; in the absence
of proof, they shall be
considered to have died at the
same time. (5a)

SECTION 4. No presumption of legitimacy or

illegitimacy. There is no presumption of legitimacy or
illegitimacy of a child born after three hundred days
following the dissolution of the marriage or the
separation of the spouses. Whoever alleges the
legitimacy or illegitimacy of such child must prove his
allegation. (6)

Presumption
ARTICLE 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 of reckless driving or violating
traffic regulations at least twice within the next
preceding two months. cd i

(1)Flood, storm, earthquake, lightning,

or other natural disaster or
calamity;
(2)Act of the public enemy in war,
whether international or civil;

If the owner was not in the motor vehicle, the

provisions of article 2180 are applicable. (n)

(3)Act or omission of the shipper or

owner of the goods;

ARTICLE 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)

(4)The character of the goods or

defects in the packing or in the
containers;

ARTICLE 2188.There is prima facie presumption

of negligence on the part of the defendant if the death
or injury results from his possession of dangerous
weapons or substances, such as firearms and poison,
except when the possession or use thereof is
indispensable in his occupation or business. (n)

(5)Order or act of competent public

authority.

SUBSECTION 2
Vigilance Over Goods
ARTICLE 1734.Common carriers are responsible
for the loss, destruction, or deterioration of the goods,
unless the same is due to any of the following causes
only:

ARTICLE 1735.In all cases other than those

mentioned in Nos. 1, 2, 3, 4, and 5 of the preceding
article, if the goods are lost, destroyed or deteriorated,
common carriers are presumed to have been at fault or
to have acted negligently, unless they prove that they
observed extraordinary diligence as required in article
1733.

DEFENSES
Plaintiffs Negligence
ARTICLE 2179.When the plaintiff's own negligence was the immediate and proximate cause of his injury, he
cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the
injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the
damages to be awarded. (n)
Contributory Negligence

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ARTICLE 2179.When the plaintiff's own negligence was the immediate and proximate cause of his injury, he
cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the
injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the
damages to be awarded. (n)

ARTICLE 2214.In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he
may recover.
Fortuitous Event
ARTICLE 1174.Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for
those events which could not be foreseen, or which, though foreseen, were inevitable. (1105a)
Double Recovery
ARTICLE 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 act or omission of the defendant. (n)
LIABILITY
Possessor of Animals
ARTICLE 2183.The possessor of an animal or whoever may make use of the same is responsible for the
damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the
damage should come from force majeure or from the fault of the person who has suffered damage. (1905)
Things thrown/falling from a building
ARTICLE 2193.The head of a family that lives in a building or a part thereof, is responsible for damages
caused by things thrown or falling from the same. (1910)
Death/Injuries in the course of employment
ARTICLE 1711.Owners of enterprises and other employers are obliged to pay compensation for the death of
or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely
accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the
employment. The employer is also liable for compensation if the employee contracts any illness or disease caused
by such employment or as the result of the nature of the employment. If the mishap was due to the employee's
own notorious negligence, or voluntary act, or drunkenness, the employer shall not be liable for compensation.
When the employee's lack of due care contributed to his death or injury, the compensation shall be equitably
reduced.
ARTICLE 1712.If the death or injury is due to the negligence of a fellow worker, the latter and the employer
shall be solidarily liable for compensation. If a fellow worker's intentional or malicious act is the only cause of the
death or injury, the employer shall not be answerable, unless it should be shown that the latter did not exercise due
diligence in the selection or supervision of the plaintiff's fellow worker.

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Strict Liability/Product Liability

ARTICLE 2187.Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be
liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation
exists between them and the consumers. (n)

Consumer Act
Regulation of Sales Acts and Practices
ARTICLE 50.Prohibition Against Deceptive Sales Acts or Practices. A deceptive act or practice by a seller or
supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the
transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller,
through concealment, false representation or fraudulent manipulation, induces a consumer to enter into a sales or
lease transaction of any consumer product or service. cdtai
Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive
when it represents that:
a)a consumer product or service has the sponsorship, approval, performance, characteristics,
ingredients, accessories, uses, or benefits it does not have;
b)a consumer product or service is of a particular standard, quality, grade, style, or model when in
fact it is not;
c)a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered,
reconditioned, reclaimed or second-hand state;
d)a consumer product or service is available to the consumer for a reason that is different from the
fact;
e)a consumer product or service has been supplied in accordance with the previous representation
when in fact it is not;
f)a consumer product or service can be supplied in a quantity greater than the supplier intends;
g)a service, or repair of a consumer product is needed when in fact it is not;
h)a specific price advantage of a consumer product exists when in fact it does not;
i)the sales act or practice involves or does not involve a warranty, a disclaimer of warranties,
particular warranty terms or other rights, remedies or obligations if the indication is false;
and
j)the seller or supplier has a sponsorship, approval, or affiliation he does not have.
ARTICLE 51.Deceptive Sales Act or Practices By Regulation. The Department shall, after due notice and
hearing, promulgate regulations declaring as deceptive any sales act, practice or technique which is a
misrepresentation of facts other than these enumerated in Article 50. acd

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ARTICLE 52.Unfair or Unconscionable Sales Act or Practice. An unfair or unconscionable sales act or
practice by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs
before, during or after the consumer transaction. An act or practice shall be deemed unfair or unconscionabl e
whenever the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's
physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions of the environment or
surroundings, induces the consumer to enter into a sales or lease transaction grossly inimical to the interests of the
consumer or grossly one-sided in favor of the producer, manufacturer, distributor, supplier or seller.
In determining whether an act or practice is unfair and unconscionable, the following circumstances shall
be considered:
a)that the producer, manufacturer, distributor, supplier or seller took advantage of the inability of
the consumer to reasonably protect his interest because of his inability to understand the
language of an agreement, or similar factors;
b)that when the consumer transaction was entered into, the price grossly exceeded the price at
which similar products or services were readily obtainable in similar transaction by like
consumers;
c)that when the consumer transaction was entered into, the consumer was unable to receive a
substantial benefit from the subject of the transaction;

d)that when the consumer transaction was entered into, the seller or supplier was aware that there
was no reasonable probability or payment of the obligation in full by the consumer; and
e)that the transaction that the seller or supplier induced the consumer to enter into was excessively
one-sided in favor of the seller or supplier.
ARTICLE 97.Liability for the Defective Products. Any Filipino or foreign manufacturer, producer, and any
importer, shall be liable for redress, independently of fault, for damages caused to consumers by defects resulting
from design, manufacture, construction, assembly and erection, formulas and handling and making up,
presentation or packing of their products, as well as for the insufficient or inadequate information on the use and
hazards thereof.
A product is defective when it does not offer the safety rightfully expected of it, taking relevant
circumstances into consideration, including but not limited to:
a)presentation of product;
b)use and hazards reasonably expected of it;
c)the time it was put into circulation.
A product is not considered defective because another better quality product has been placed in the
market.
The manufacturer, builder, producer or importer shall not be held liable when it evidences:
a)that it did not place the product on the market;
b)that although it did place the product on the market such product has no defect;
c)that the consumer or a third party is solely at fault.

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ARTICLE 99.Liability for Defective Services. The service supplier is liable for redress, independently of
fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for
insufficient or inadequate information on the fruition and hazards thereof.
The service is defective when it does not provide the safety the consumer may rightfully expect of it,
taking the relevant circumstances into consideration, including but not limited to:
a)the manner in which it is provided;
b)the result of hazards which may reasonably be expected of it;
c)the time when it was provided.
A service is not considered defective because of the use or introduction of new techniques.
The supplier of the services shall not be held liable when it is proven:
a)that there is no defect in the service rendered;
b)that the consumer or third party is solely at fault.
ARTICLE 106.Prohibition in Contractual Stipulation. The stipulation in a contract of a clause preventing,
exonerating or reducing the obligation to indemnify for damages effected, as provided for in this and in the
preceding Articles, is hereby prohibited, if there is more than one person responsible for the cause of the damage,
they shall be jointly liable for the redress established in the pertinent provisions of this Act. However, if the damage
is caused by a component or part incorporated in the product or service, its manufacturer, builder or importer and
the person who incorporated the component or part are jointly liable.
ARTICLE 107.Penalties. Any person who shall violate any provision of this Chapter or its implementing
rules and regulations with respect to any consumer product which is not food, cosmetic, or hazardous substance
shall upon conviction, be subject to a fine of not less than Five thousand pesos (P5,000.00) and by imprisonment of
not more than one (1) year or both upon the discretion of the court.
In case of juridical persons, the penalty shall be imposed upon its president, manager or head. If the
offender is an alien, he shall, after payment of fine and service of sentence, be deported without further
deportation proceedings.
RA 3720
CHAPTER VI
Prohibited Acts and Penalties
Prohibited Acts
SECTION 11.The following acts and the causing thereof are hereby prohibited: (a) The manufacture, sale,
offering for sale or transfer of any food, drug, device or cosmetic that is adulterated or misbranded.
(b)The adulteration or misbranding of any food, drug, device, or cosmetic.
(c)The refusal to permit entry or inspection as authorized by Section twenty-seven hereof or to allow
samples to be collected.
(d)The giving of a guaranty or undertaking referred to in Section twelve (b) hereof which guaranty or
undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by,
and containing the name and address of, the person residing in the Philippines from whom he received in good

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faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Section twelve (b)
which guaranty or undertaking is false.
(e)Forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark,
stamp, tag label, or other identification device authorized or required by regulations promulgated under the
provisions of this Act.
( f )The using by any person to his own advantage, or revealing, other than to the Secretary or officers or
employees of the Department or to the courts when relevant in any judicial proceeding under this Act, any
information acquired under authority of Section nine, or concerning any method or process which as a trade secret
is entitled to protection.
(g)The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling
of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such
article is held for sale (whether or not the first sale) and results in such article being adulterated or misbranded. cd
(h)The use, on the labeling of any drug or in any advertising relating to such drug, of any representation or
suggestion that an application with respect to such drug is effective under Section twenty-one hereof, or that such
drug complies with the provisions of such section.
(i)The use, in labeling, advertising or other sales promotion of any reference to any report or analysis
furnished in compliance with Section twenty-six hereof.

Interference with Contractual Relations

ARTICLE 1314.Any third person who induces another to violate his contract shall be liable for damages to
the other contracting party. (n)
Liability of Local Government Units
ARTICLE 2189.Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other
public works under their control or supervision. (n)
Presumption of Negligence
ARTICLE 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)
ARTICLE 2188.There is prima facie presumption of negligence on the part of the defendant if the death or
injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when
the possession or use thereof is indispensable in his occupation or business. (n)
ARTICLE 2190.The proprietor of a building or structure is responsible for the damages resulting from its
total or partial collapse, if it should be due to the lack of necessary repairs. (1907) aisa dc
ARTICLE 2191.Proprietors shall also be responsible for damages caused:
(1)By the explosion of machinery which has not been taken care of with due diligence, and the
inflammation of explosive substances which have not been kept in a safe and adequate
place;
(2)By excessive smoke, which may be harmful to persons or property;

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(3)By the falling of trees situated at or near highways or lanes, if not caused by force majeure;
(4)By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without
precautions suitable to the place. (1908)
ARTICLE 2192.If damage referred to in the two preceding articles should be the result of any defect in the
construction mentioned in article 1723, the third person suffering damages may proceed only against the engineer
or architect or contractor in accordance with said article, within the period therein fixed. (1909a)
ARTICLE 2193.The head of a family that lives in a building or a part thereof, is responsible for damages
caused by things thrown or falling from the same. (1910)
PERSONS LIABLE
The Tortfeasor
ARTICLE 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)
ARTICLE 2181.Whoever pays for the damage caused by his dependents or employees may recover from the
latter what he has paid or delivered in satisfaction of the claim. (1904)
ARTICLE 2194.The responsibility of two or more persons who are liable for quasi-delict is solidary. (n)
ARTICLE 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 of reckless driving or violating traffic regulations at least twice
within the next preceding two months. cd i
If the owner was not in the motor vehicle, the provisions of article 2180 are applicable. (n)
Vicarious Lability
PD 603 The Child and Youth Welfare Code
ARTICLE 58.Torts. Parents and guardians are responsible for the damage caused by the child under their
parental authority in accordance with the Civil Code.
Family Code
CHAPTER 2
Substitute and Special Parental Authority
ARTICLE 216.In default of parents or a judicially appointed guardian, the following persons shall exercise
substitute parental authority over the child in the order indicated: cd i
(1)The surviving grandparent, as provided in Art. 214;
(2)The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3)The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the
same order of preference shall be observed. (349a, 351a, 354a)

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ARTICLE 218.The school, its administrators and teachers, or the individual, entity or institution engage d in
child care shall have special parental authority and responsibility over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premise s
of the school, entity or institution. (349a)
ARTICLE 219.Those given the authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial
guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that
they exercised the proper diligence required under the particular circumstances. cda
All other cases not covered by this and the preceding articles shall be governed by the provisions of the
Civil Code on quasi-delicts. (n)
CHAPTER 3
Effect of Parental Authority Upon the Persons of the Children
ARTICLE 221.Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages
caused by the acts or omissions of their unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a)
TITLE X
Emancipation and Age of Majority
ARTICLE 236.Emancipation for any cause shall terminate parental authority over the person and property of the child
who shall then be qualified and responsible for all acts of civil life. (399a)
Revised Penal Code
Civil Liability
CHAPTER ONE
Persons Civilly Liable for Felonies
ARTICLE 101.Rules Regarding Civil Liability in Certain Cases. The exemption from criminal liability
established in subdivisions 1, 2, 3, 5, and 6 of article 12 and in subdivision 4 of article 11 of this Code does not include
exemption from civil liability, which shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability for acts committed by an imbecile or
insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has
acted without discernment, shall devolve upon those having such person under their legal authority or control,
unless it appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal guardianship, or
control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property,
excepting property exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of article 11, the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the proportionate amount for which each one shall
be liable.
When the respective shares can not be equitably determined, even approximately, or when the liability
also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the
damage has been caused with the consent of the authorities or their agents, indemnification shall be made in the
manner prescribed by special laws or regulations.

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Third. In cases falling within subdivisions 5 and 6 of article 12, the persons using violence or causing the
fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable,
saving always to the latter that part of their property exempt from execution.
ARTICLE 102.Subsidiary Civil Liability of Innkeepers, Tavernkeepers and Proprietors of Establishments. In
default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be
civilly liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or
some general or special police regulation shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their
houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have
notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the
inn; and shall furthermore have followed the directions which such innkeeper or his representative may have given
them with respect to the care of and vigilance over such goods. No liability shall attach in case of robbery with
violence against or intimidation of persons unless committed by the innkeeper's employees.
ARTICLE 103.Subsidiary Civil Liability of Other Persons. The subsidiary liability established in the next
preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry
for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their
duties.
RA 9344 - Juvenile Justice and Welfare Act of 2006
SECTION 6.Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such
child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.
Civil Code
ARTICLE 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. cd
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)

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ARTICLE 2181.Whoever pays for the damage caused by his dependents or employees may recover from the
latter what he has paid or delivered in satisfaction of the claim. (1904)
ARTICLE 2182.If the minor or insane person causing damage has no parents or guardian, the minor or
insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be
appointed. (n)
Guardians
FAMILY CODE
ARTICLE 216.In default of parents or a judicially appointed guardian, the following persons shall exercise
substitute parental authority over the child in the order indicated: cd i
(1)The surviving grandparent, as provided in Art. 214;
(2)The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3)The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the
same order of preference shall be observed. (349a, 351a, 354a)
ARTICLE 218.The school, its administrators and teachers, or the individual, entity or institution engaged in
child care shall have special parental authority and responsibility over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises
of the school, entity or institution. (349a)
CIVIL CODE
ARTICLE 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 c aused
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. cd
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)
ARTICLE 2181.Whoever pays for the damage caused by his dependents or employees may recover from the
latter what he has paid or delivered in satisfaction of the claim. (1904)

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Teachers and Heads of Institutions

FAMILY CODE
ARTICLE 218.The school, its administrators and teachers, or the individual, entity or institution engaged in
child care shall have special parental authority and responsibility over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the prem ises
of the school, entity or institution. (349a)
ARTICLE 219.Those given the authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial
guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that
they exercised the proper diligence required under the particular circumstances. cda
All other cases not covered by this and the preceding articles shall be governed by the provisions of the
Civil Code on quasi-delicts. (n)
CIVIL CODE
ARTICLE 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. cd
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)
State
Local Government Code (RA 7160)
SECTION 22.Corporate Powers. (a) Every local government unit, as a corporation, shall have the following powers:
(1)To have continuous succession in its corporate name;
(2)To sue and be sued;
(3)To have and use a corporate seal;
(4)To acquire and convey real or personal property;

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(5)To enter into contracts; and

(6) To exercise such other powers as are granted to corporations, subject to the limitations
provided in this Code and other laws.
Civil Code
ARTICLE 2189.Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other
public works under their control or supervision. (n)
OTHERS
Civil Code
ARTICLE 1723.The engineer or architect who drew up the plans and specifications for a building is liable for
damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in
those plans and specifications, or due to the defects in the ground. The contractor is likewise responsible for the damages
if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior
quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the
construction, he shall be solidarily liable with the contractor. cda
Acceptance of the building, after completion, does not imply waiver of any of the causes of action by reason of
any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the collapse of the building. (n)