Codal Provisions Compilation

TORTS AQUINO CODAL PROVISIONS
GENERAL CONSIDERATIONS But the plaintiff cannot recover damages twice

for the same act or omission of the defendant.
Civil Code
Article 2201. In contracts and quasi-contracts,
Catch All Provisions
the damages for which the obligor who acted in
Article 19. Every person must, in the exercise of good faith is liable shall be those that are the
his rights and in the performance of his duties, natural and probable consequences of the
act with justice, give everyone his due, and breach of the obligation, and which the parties
observe honesty and good faith. have foreseen or could have reasonably
foreseen at the time the obligation was
Article 20. Every person who, contrary to law, constituted.
wilfully or negligently causes damage to another,
shall indemnify the latter for the same. In case of fraud, bad faith, malice or wanton
attitude, the obligor shall be responsible for all
Article 21. Any person who wilfully causes loss or damages which may be reasonably attributed to
injury to another in manner that is contrary to the non-performance of the obligation.
morals, good customs or public policy shall
compensate the latter for the damage. Presumptions
Article 2184. In motor vehicle mishaps, the

NEGLIGENCE owner is solidarily liable with his driver, if the
former, who was in the vehicle, could have, by
Civil Code
the use of the due diligence, prevented the
Article 1171. Responsibility arising from fraud is misfortune. It is disputably presumed that a
demandable in all obligations. Any waiver of an driver was negligent, if he had been found guilty
action for future fraud is void. of reckless driving or violating traffic regulations
at least twice within the next preceding two
Article 1173. The fault or negligence of the months.
obligor consists in the omission of that diligence
which is required by the nature of the obligation If the owner was not in the motor vehicle, the
and corresponds with the circumstances of the provisions of article 2180 are applicable. (n)
persons, of the time and of the place. When
Article 2185. Unless there is proof to the
negligence shows bad faith, the provisions of
contrary, it is presumed that a person driving a
articles 1171 and 2201, paragraph 2, shall apply.
motor vehicle has been negligent if at the time
Article 2176. Whoever by act or omission causes of the mishap, he was violating any traffic
damage to another, there being fault or regulation.
negligence, is obliged to pay for the damage
Article 2188. There is prima facie presumption of
done. Such fault or negligence, if there is no pre-
negligence on the part of the defendant if the
existing contractual relation between the parties,
death or injury results from his possession of
is called a quasi-delict and is governed by the
dangerous weapons or substances, such as
provisions of this Chapter.
firearms and poison, except when the
Article 2177. Responsibility for fault or possession or use thereof is indispensable in his
negligence under the preceding article is entirely occupation or business
separate and distinct from the civil liability
Revised Penal Code
arising from negligence under the Penal Code.
Art. 365. Imprudence and negligence. Any Art. 275. Abandonment of person in danger and
person who, by reckless imprudence, shall abandonment of one's own victim.
commit any act which, had it been intentional,
The penalty of arresto mayor shall be imposed
would constitute a grave felony, shall suffer the
upon:
penalty of arresto mayor in its maximum period
to prision correccional in its medium period; if it 1. Anyone who shall fail to render assistance to
would have constituted a less grave felony, the any person whom he shall find in an uninhabited
penalty of arresto mayor in its minimum and place wounded or in danger of dying, when he
medium periods shall be imposed; if it would can render such assistance without detriment to
have constituted a light felony, the penalty of himself, unless such omission shall constitute a
arresto menor in its maximum period shall be more serious offense.
imposed.
2. Anyone who shall fail to help or render
Any person who, by simple imprudence or assistance to another whom he has accidentally
negligence, shall commit an act which would wounded or injured.
otherwise constitute a grave felony, shall suffer
the penalty of arresto mayor in its medium and 3. Anyone who, having found an abandoned
maximum periods; if it would have constituted a child under seven years of age, shall fail to
less serious felony, the penalty of arresto mayor deliver said child to the authorities or to his
in its minimum period shall be imposed. family, or shall fail to take him to a safe place.
RA 9344: Juvenile Justice and Welfare Act RA 4136: Land Transportation and Traffic Code
SEC. 6. Minimum Age of Criminal Responsibility. Section 55. Duty of driver in case of accident. - In
A child fifteen (15) years of age or under at the the event that any accident should occur as a
time of the commission of the offense shall be result of the operation of a motor vehicle upon a
exempt from criminal liability. However, the highway, the driver present, shall show his
child shall be subjected to an intervention driver's license, give his true name and address
program pursuant to Section 20 of this Act. and also the true name and address of the owner
of the motor vehicle.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be No driver of a motor vehicle concerned in a
exempt from criminal liability and be subjected vehicular accident shall leave the scene of the
to an intervention program, unless he/she has accident without aiding the victim, except under
acted with discernment, in which case, such child any of the following circumstances:
shall be subjected to the appropriate 1. If he is in imminent danger of being
proceedings in accordance with this Act. seriously harmed by any person or
The exemption from criminal liability herein persons by reason of the accident;
established does not include exemption from 2. If he reports the accident to the nearest
civil liability, which shall be enforced in officer of the law; or
accordance with existing laws. 3. If he has to summon a physician or nurse
to aid the victim.
AFFIRMATIVE DUTIES
Civil Code
Revised Penal Code
Liability of Proprietors of Buildings
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.
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;
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

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TORTS AQUINO CODAL PROVISIONS

GENERAL CONSIDERATIONS But the plaintiff cannot recover damages twice

Article 2184. In motor vehicle mishaps, the

Article 2190. The proprietor of a building or

Article 2191. Proprietors shall also be

1. By the explosion of machinery which has

2. By excessive smoke, which may be

3. By the falling of trees situated at or near

4. By emanations from tubes, canals,

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