Base on the given notes below You are to make your "OWN" Multiple Choice Questions (MCQs) with correct answer highlighted Instructions: make 1 question - Theory / Principle / Objective type Make 2 questions - True or False (but still MCQ format) make 2 questions- Application/Problem Type RFBT 1 notes Week 1 I. Law a. Definition; Elements INTRODUCTION 1. Rule of action 2. Just and obligatory 3. Promulgated by competent authority 4. Of common observance and benefit b. Distinguished from Morals - The aggregate of all the rules of human conduct growing out of the collective sense of right and wrong in the community. c. Distinguished from Customs - That which is habitually done in the community. WHAT DOES LAW DO? 1. Controls social relations 2. Resolves social conflict 3. Orders society 4. Protects interests 5. Secures justice DURA LEX SED LEX - The law may harsh, but it is still the law. IGNORANTIA LEGIS NON EXCUSAT - Ignorance of the law excuses no one from compliance therewith. (Art. 3, NCC) WHO MAKES LAWS? - Doctrine of Separation of Powers -vs- System of Checks and Balances 3 GREAT BRANCHES OF THE GOVERNMENT: Art. 2, NCC. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. 1. Legislative 2. Executive 3. Judiciary - makes, enacts or amends the law - Congress (12 Senate + 285 House of Representatives) - Local legislative bodies (Province, City, Municipality, Barangay Councils/Sanggunians) - executes or implements the law - President - interprets or applies the law - Supreme Court STARE DECISIS - Do not disturb what has been settled. Article 8, NCC. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. HOW ARE LAWS MADE? 1. Introduction / Proposal of the bill HR only - ART bills, bills authorizing increase of public debt, bills of local application, and private bills 2. Three readings on separate days 1st - only the number and title; refer to the proper committee for study 2nd - sponsorship, interpellation, amendments; print in final form 3rd - voting 3. Sent to the other chamber; same, three readings 4. Once passed by Congress, enrolled bill is transmitted to the President (a) APPROVE-sign DISAPPROVE - veto (b) CONGRESSIONAL OVERRIDE - 2/3 (c) NOTACTEDUPON-inaction(30days) Atty. CEM Isoto 1 THE LAW ON OBLIGATIONS AND CONTRACTS Governing Law: R.A. 386 - The New Civil Code of the Philippines Effective: August 30, 1950. Book IV (Arts. 1156-2251) - Articles 1156 up to 1430 = 275 articles = Substantive (vs. Remedial); Private (vs. Public); Civil (vs. Political); Mandatory (vs. Directory) II. Concept of Obligation (1156) OBLIGARE - to bind a. Requisites or Elements of Obligation 1. ACTIVE SUBJECT - obligee/creditor; he is the possessor of a right. It is in his favor that the obligation is constituted. He is the contracting party to whom the obligor owes an obligation. 2. PASSIVE SUBJECT - obligor/debtor; he has the duty of giving, doing or not doing. He is the party who is obligated to deliver on a promise or to undertake some act or performance. 3. OBJECT/PRESTATION - subject matter; either to give, to do or not to do. 4. EFFICIENT CAUSE/VINCULUM JURIS - legal tie; it is in this consideration that the obligation exists. b. Kinds of Obligations i. Sanction/Origin 1. CIVIL - based on positive law; gives a right of action to compel performance. = there is juridical tie. 2. NATURAL - based on equity and natural law; after voluntary fulfillment by the obligor, it authorizes the retention of what has been delivered or rendered by reason thereof. = there is juridical tie, but not enforceable by court action. 3. MORAL - those that cannot be enforced by action but which is binding on the party who makes it in conscience and natural law; voluntary fulfillment does not produce any legal effect which the court will recognize and protect; under our laws, this is now merged with natural obligations. = there is no juridical tie. ii. Performance 1. POSITIVE - to give; to do 2. NEGATIVE - not to do iii. Subject Matter 1. REAL - to give 2. PERSONAL - to do; not to do iv. Persons Obligated to Perform 1. UNILATERAL - only 1 party is obligated 2. BILATERAL - both parties are obligated to each other a. RECIPROCAL - the parties must perform their obligations simultaneously b. NON-RECIPROCAL - the parties need not perform their obligations at the same time i. Natural Obligations (1423-1430) Art. 1423. Obligations are civil or natural. Civil obligations give a right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. Some natural obligations are set forth in the following articles. Art. 1424. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered. Art. 1156. An obligation is a juridical necessity to give, to do or not to do. Atty. CEM Isoto 2 Art. 1425. When without the knowledge or against the will of the debtor, a third person pays a debt which the obligor is not legally bound to pay because the action thereon has prescribed, but the debtor later voluntarily reimburses the third person, the obligor cannot recover what he has paid. Art. 1426. When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact the he has not been benefited thereby, there is no right to demand the thing or price thus returned. Art. 1427. When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. Art. 1428. When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered. Art. 1429. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the property which he received by will or by the law of intestacy from the estate of the deceased, the payment is valid and cannot be rescinded by the payer. Art. 1430. When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable. c. Sources of Obligations (1157) i. Law (1158) EX. Obligation of husband and wife to support each other (Family Code) Obligation of taxpayer to file ITR (NIRC) A. Hierarchy of Laws - Constitution, Statutes, Ordinance B. General law (New Civil Code) vs. Special law (Family Code) ii. Contract (1159) CONTRACT is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (1305) Art. 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. Art. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Atty. CEM Isoto 3 iii. Quasi-Contract (1160; 2142-2175) Art. 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. CHAPTER 1 = QUASI-CONTRACTS Art. 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. Art. 2143. The provisions for quasi-contracts in this Chapter do not exclude other quasi-contracts which may come within the purview of the preceding article. SECTION 1. Negotiorum Gestio Art. 2144. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. This juridical relation does not arise in either of these instances: (1) When the property or business is not neglected or abandoned; (2) If in fact the manager has been tacitly authorized by the owner. In the first case, the provisions of articles 1317, 1403, No. 1, and 1404 regarding unauthorized contracts shall govern. In the second case, the rules on agency in Title X of this Book shall be applicable. Art. 2145. The officious manager shall perform his duties with all the diligence of a good father of a family, and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management. The courts may, however, increase or moderate the indemnity according to the circumstances of each case. Art. 2146. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. Art. 2147. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon; (2) If he has preferred his own interest to that of the owner; (3) If he fails to return the property or business after demand by the owner; (4) If he assumed the management in bad faith. Art. 2148. Except when the management was assumed to save property or business from imminent danger, the officious manager shall be liable for fortuitous events: (1) If he is manifestly unfit to carry on the management; (2) If by his intervention he prevented a more competent person from taking up the management. Art. 2149. The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may not have been successful. Art. 2150. Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. Atty. CEM Isoto 4 The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived. Art. 2151. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business, the owner is liable as under the first paragraph of the preceding article, provided: (1) The officious manager has acted in good faith, and (2) The property or business is intact, ready to be returned to the owner. Art. 2152. The officious manager is personally liable for contracts which he has entered into with third persons, even though he acted in the name of the owner, and there shall be no right of action between the owner and third persons. These provisions shall not apply: (1) If the owner has expressly or tacitly ratified the management, or (2) When the contract refers to things pertaining to the owner of the business. Art. 2153. The management is extinguished: (1) When the owner repudiates it or puts an end thereto; (2) When the officious manager withdraws from the management, subject to the provisions of article 2144; (3) By the death, civil interdiction, insanity or insolvency of the owner or the officious manager. SECTION 2. Solutio Indebiti Art. 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. Art. 2155. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope of the preceding article. Art. 2156. If the payer was in doubt whether the debt was due, he may recover if he proves that it was not due. Art. 2157. The responsibility of two or more payees, when there has been payment of what is not due, is solidary. Art. 2158. When the property delivered or money paid belongs to a third person, the payee shall comply with the provisions of article 1984. Art. 2159. Whoever in bad faith accepts an undue payment, shall pay legal interest if a sum of money is involved, or shall be liable for fruits received or which should have been received if the thing produces fruits. He shall furthermore be answerable for any loss or impairment of the thing from any cause, and for damages to the person who delivered the thing, until it is recovered. Art. 2160. He who in good faith accepts an undue payment of a thing certain and determinate shall only be responsible for the impairment or loss of the same or its accessories and accessions insofar as he has thereby been benefited. If he has alienated it, he shall return the price or assign the action to collect the sum. Art. 2161. As regards the reimbursement for improvements and expenses incurred by him who unduly received the thing, the provisions of Title V of Book II shall govern. Art. 2162. He shall be exempt from the obligation to restore who, believing in good faith that the payment was being made of a legitimate and subsisting claim, destroyed the document, or allowed the Atty. CEM Isoto 5 action to prescribe, or gave up the pledges, or cancelled the guaranties for his right. He who paid unduly may proceed only against the true debtor or the guarantors with regard to whom the action is still effective. Art. 2163. It is presumed that there was a mistake in the payment if something which had never been due or had already been paid was delivered; but he from whom the return is claimed may prove that the delivery was made out of liberality or for any other just cause. SECTION 3. Other Quasi-Contracts Art. 2164. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and without intention of being repaid. Art. 2165. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. Art. 2166. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him. Art. 2167. When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has been rendered out of pure generosity. Art. 2168. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. Art. 2169. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. Art. 2170. When by accident or other fortuitous event, movables separately pertaining to two or more persons are commingled or confused, the rules on co-ownership shall be applicable. Art. 2171. The rights and obligations of the finder of lost personal property shall be governed by articles 719 and 720. Art. 2172. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by article 546. Art. 2173. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by articles 1236 and 1237. Art. 2174. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. Art. 2175. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. QUASI-CONTRACT Juridical relation that arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another. Atty. CEM Isoto 6 TWO PRINCIPAL KINDS: 1. Negotiorum Gestio - Unauthorized or inofficious management A. Art. 2144. Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. This juridical relation does not arise in either of these instances: (1) When the property or business is not neglected or abandoned; (2) If in fact the manager has been tacitly authorized by the owner. In the first case, the provisions of articles 1317, 1403, No. 1, and 1404 regarding unauthorized contracts shall govern. In the second case, the rules on agency in Title X of this Book shall be applicable. B. Obligations of officious manager: to continue until termination of the affair and its incidents, and to perform all his duties with the diligence of a good father of a family 2. Solutio Indebiti - Undue payment A. Art. 2154. If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. B. Liabilities of acceptor in bad faith: if money, legal interest; if thing, fruits; or for any damage, loss or impairment iv. Delict (1161) RULES GOVERNING OBLIGATION EX DELICTO / EX MALEFICIO: 1. RPC and SPL, subject to 2177: Quasi-delicts / Torts 2. Chapter 2, Preliminary Title of the Civil Code, on Human Relations 3. Title 18, Book IV of the Civil Code, on Damages FELONY - is an act or omission punishable by law (RPC). Committed by: 1. DECEIT/DOLO - when the act is performed with deliberate intent. 2. FAULT/CULPA - when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill. -vs- CRIME - violation of any other penal statute (SPL). In practice, the terms are used interchangeably. Legal Basis: Art.100, RPC Every person criminally liable shall also be civilly liable. = EXC: where there is criminal liability, but no civil liability: 1. Crimes not causing material injury - like contempt, gambling, violation of traffic regulations, rebellion, treason = EXC: where there is no criminal liability, but there is civil liability: 1. Persons exempt from criminal liability - RPC vs. RA 9344 (JJWA) 2. Acquittal due to failure of the prosecution to prove the guilt of the accused beyond reasonable doubt -vs- because the accused could not have committed the crime (complete innocence) Justifying Circumstances - there is no crime; no liability. (e.g. Self-Defense) Exempting Circumstances - there is a crime, but still, no liability. (e.g. Minority) RPC provisions: Article 11. Justifying circumstances. - The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself. 2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. CONTRACT QUASI-CONTRACT Mutual Agreement; Consensual Unilateral; There is no consent. Stipulations, terms, clauses and conditions, provided they are not contrary to L, M, GC, PO, PP. Law Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. Atty. CEM Isoto 7 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal liability: 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 Art. 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformably 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 Art. 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 act under the compulsion of 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 insuperable cause. Republic Act No. 9344 "Juvenile Justice and Welfare Act of 2006." Approved: April 28, 2006 SEC. 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. WHAT CONSISTITUTES CIVIL LIABILITY: 1. Restitution 2. Reparation 3. Indemnification RPC provisions: Article 105. Restitution; How made. - The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery. Article 106. Reparation; How made. - The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. Article 107. Indemnification; What is included. - Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. NCC provisions: Article 2200. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. Article 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. Article 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. Atty. CEM Isoto 8 v. Quasi-Delict (1162; 2176-2194) Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. 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. 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 act or omission of the defendant. Art. 2178. The provisions of articles 1172 to 1174 are also applicable to a quasi-delict. Art. 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. 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. Art. 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. Art. 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. Art. 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. 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 Atty. CEM Isoto 9 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. 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. Art. 2186. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official. Art. 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. Art. 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. Art. 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. Art. 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. Art. 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; (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. Art. 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. Art. 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. Art. 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary. RULES GOVERNING OBLIGATION EX QUASI-DELICT: 1. Chapter 2, Title XVII of the Civil Code 2. Special laws QUASI-DELICT is that fault or negligence where a person causes damage to another in the absence of a contractual relation between the parties. ELEMENTS: 1. Fault or negligence of the defendant 2. Damage or injury suffered by the plaintiff 3. Direct relation / proximate causation 4. No pre-existing contractual relation EXC: Airfrance v. Carrascoso where the act that breaks the contract may be a tort NEGLIGENCE is 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. (1173) Atty. CEM Isoto 10 TEST: Would a prudent man (in his position) foresee harm to the person injured as a reasonable consequence of the course about to be pursued? If so, then he is guilty of negligence. 1. Reasonable foresight of harm 2. Ignoring of the admonition born of this provision KINDS OF NEGLIGENCE: 1. Culpa Aquiliana (QD/Tort) - negligence committed independent of contract and without criminal intent. 2. Culpa Contractual (QC) - negligence committed in the performance of a contract. 3. Culpa Criminal (D) - negligence resulting from the commission of a crime. DEGREES OF NEGLIGENCE: 1. Culpa Lata - grave or reckless 2. Culpa Levis - ordinary 3. Culpa Levissima - slight QUASI-DELICT CRIME Private interests Public interest Civil Code RPC & SPL Preponderance of evidence Proof beyond reasonable doubt All acts in which any kind of fault or negligence intervenes Punished only if there are laws that clearly cover them; NULLUM CRIMEN, NULLA POENA SINE LEGE - there is no crime, unless there is a law penalizing it. Criminal intent is not necessary Intent is generally required; MENS REA - guilty mind; ACTUS NON FACIT REUM NISI MENS SIT REA - the act does not make a person guilty, unless the mind is also guilty. Atty. CEM Isoto 11