Accidents happen. A car collision on EDSA, a slip on a wet floor in a mall, a surgical procedure gone wrong. These are unfortunate realities of life. When these events result in injury or damage due to someone else’s fault or negligence, our law provides a remedy for the injured party to seek compensation. This area of law is known as “Torts and Quasi-Delicts.”

At Magsalin Law, we understand that suffering an injury can be physically, emotionally, and financially draining. This guide aims to elucidate the concept of quasi-delicts and allow you to better understand your rights.

What is a Quasi-Delict?

While many are familiar with the term “tort” from foreign legal systems, the controlling term in the Philippines is “quasi-delict.” The foundation for this is found in Article 2176 of the Civil Code of the Philippines:

“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.”

To put it simply, a quasi-delict is a wrongful act (or a failure to act) that causes harm to someone, where the wrongdoer is legally obligated to compensate the victim, even if they did not have any prior contract or agreement.

The Elements of a Quasi-Delict

For a claim based on a quasi-delict to succeed, the following four elements must be proven:

1. An Act or Omission
   There must be a specific action or a lack of action on the part of the defendant. For example, driving above the speed limit (an act) or failing to put up a “Wet Floor” sign (an omission).
2. Fault or Negligence
   The act or omission must be accompanied by fault or negligence. Negligence is the failure to observe the degree of care, precaution, and vigilance that the circumstances justly demand, and by which another person suffers injury. The standard used is that of a bonus pater familias, or a “good father of a family”—what would a reasonably prudent person have done in the same situation?
3. Damage or Injury
   The victim must have suffered actual harm, whether it be physical injury, damage to property, or financial loss.
4. Direct Causal Link
   There must be a direct connection between the negligent act or omission and the resulting damage. The injury must be the natural and probable consequence of the defendant’s negligence.

Quasi-Delict vs. Crime: An Important Distinction

A common point of confusion is the difference between a quasi-delict (a civil wrong) and a crime (a public wrong). The same negligent act, such as reckless driving resulting in a collision, can give rise to two separate legal actions: a civil case for quasi-delict and a criminal case for Reckless Imprudence.

Here’s a simple breakdown of the differences:

The injured party may choose between pursuing a civil action based on quasi-delict or on the criminal act, but not both, unless the civil action is based on a different cause of action (e.g., breach of contract).

Common Examples of Quasi-Delicts

Some common situations include:

1. Motor Vehicle Accidents – Collisions caused by speeding, drunk driving, or distracted driving.
2. Medical Malpractice – Injuries caused by the negligence of doctors, nurses, or other medical professionals.
3. Premises Liability – “Slip and fall” incidents in malls, supermarkets, or hotels due to unsafe conditions.
4. Product Liability – Injuries caused by defective products.
5. Animal-Related Injuries – Damage caused by a pet where the owner is held responsible.

If you or a loved one has suffered an injury due to the fault or negligence of another, do not hesitate to seek legal counsel.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult with our lawyers for advice regarding your individual situation.