What is a quasi-delict, and how does it lead to damages?

Answer

A quasi-delict (culpa aquiliana) arises when a person, by act or omission, causes damage to another through fault or negligence, where there is no pre-existing contractual relation between them (Civil Code Article 2176). Its classic elements are damage to the plaintiff, fault or negligence of the defendant, and a causal connection between the two.

Quasi-delict is one of the principal sources of obligations and the foundation of Philippine tort liability. The same act may give rise to both a quasi-delict and a crime, and the offended party may generally pursue a separate civil action. Damages for quasi-delict can include moral damages and, where the defendant acted with gross negligence, exemplary damages (Article 2231).

Sources & further reading

• Civil Code Art. 2176 — quasi-delict
• Civil Code Art. 2231 — exemplary damages in quasi-delict
• Full report: recovering moral, exemplary & nominal damages