- Statute
- Civil Code
- Article
- Art. 2176
- Topic
- Quasi-delict
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVII EXTRA-CONTRACTUAL OBLIGATIONS
- Chapter
- CHAPTER 2 Quasi-delicts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Key points
Article 2176 defines quasi-delict (culpa aquiliana): whoever, by act or omission, causes damage to another through fault or negligence is obliged to pay for the damage done. When there is no pre-existing contractual relation between the parties, that fault or negligence is a quasi-delict governed by the Code's chapter on the subject.
The classic elements are damage to the plaintiff, fault or negligence of the defendant, and a causal connection between them. It is the foundation of Philippine tort liability and is read with Article 2180 (vicarious liability) and with the damages articles, including exemplary damages for gross negligence under Article 2231.
Quasi-delict is one of the principal sources of obligations under the Civil Code, alongside law, contracts, quasi-contracts, and delicts. A claim does not depend on a contract between the parties; it rests instead on the defendant's own fault or negligence as the proximate cause of the plaintiff's damage. The same act may give rise to both a quasi-delict and a crime, and the offended party may generally pursue the separate civil action this article supports. It is the gateway to the related rules on vicarious liability and on the diligence of a good father of a family.
Cases applying this article
- Bataclan v. Medina
- Africa v. Caltex (Phil.), Inc.
- Cornelio Lampesa v. Dr. Juan de Vera, Jr.
- Lorena Salvador v. Rafael H. Hizon
- Supreme Transportation Liner v. Antonio San Andres
- St. Martin Polyclinic v. Lwv Construction Corporation
- Jose S. Roque, Jr. v. Jaime T. Torres
- Radio Communications of the Philippines v. Alfonso Verchez
Other Supreme Court decisions also apply this article.