PERSONS LIABLE

A. Who is liable for the obligation imposed by Article 2176?

The obligation imposed by Article2176 is demandable from:

1. one's own acts or omissions,

2. acts or omissions of persons for whom one is responsible.

(Art. 2180)

A tortfeasor (liable directly or vicariously) may be a natural or a

juridical person.

B. What is VICARIOUS LIABILITY?

Vicarious liability is the imposition of liability on one person

for the actionable conduct of another, based solely on a
relationship between the two persons. The liability is primary
and solidary. (Black’s Law Dictionary)

Extra-contractual liability of this kind has been limited to cases

wherein “moral culpability” can be directly imputed to the
person charged.

BASES:

a. Doctrine of Imputed Negligence

This doctrine places upon one person the responsibility for

another’s negligence.

b. Respondeat superior

It means nothing more than “look to the man higher up,”

(usually the employer or person under whose control the
tortfeasor was under) which is a manifestation of vicarious
liability.

c. Bonus paterfamilias.

The relationship of pater familias is the basis of civil law liability,

particularly for an employer. It is a defense for all instances of
vicarious liability based on Art. 2180.
C. Who are liable vicariously?

a. 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.

b. GUARDIANS are liable for damages caused by the minors or

incapacitated persons who are under their authority and live in
their company.

c. 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.

d. 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.

e. 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.

f. 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.
(Art. 2180)

Rule on Construction: Because it imposes strict liability, Art. 2180

should be interpreted strictly and cannot be extended to persons not
enumerated therein.

D. Instances where there is vicarious liability.

Parents and Guardians

Article 2180 (a) has been REPEALED by Art. 221 of the Family Code.
Now, parent(s) exercising parental authority is liable for the torts of
their children.

Art. 221 (Family Code) PARENTS and OTHER PERSONS

EXERCISING PARENTAL AUTHORITY shall be civilly liable
 for the injuries and damages caused by the acts or omissions of
their unemancipated children living in their company AND
under their parental authority subject to the appropriate
defenses provided by law.

Despite the lowering of the age of majority from 21 to 18, parents are
still liable for the torts committed by their children below 21 years of
age. (Art 236, par 3 FC, as amended by RA 6809).

REQUISITES for liability to attach:

Parents:

1. The child is below 21 years old

2. The child is under the parental authority of the parents

3. The child is living in the company of the parents

Guardians:

1. The ward if minor is below 21 years old. If Incapacitated, the

guardian is liable for the acts of the ward regardless of the latter’s
age. The child is under the parental authority of the parents

2. The tortfeasor is under his authority 3. The tortfeasor is living

in his company

Is a minor or insane tortfeasor with NO parent or guardian liable?

Yes. He shall be answerable with his own property in an action

against him where a guardian ad litem shall be appointed. (Art.
2182)
OWNERS AND MANAGERS OF ESTABLISHMENTS OR
ENTERPRISES:

Who are liable For whose acts Requisites for

liability to attach
Owners and Their employee The damage was
managers of an caused in the service
establishment or of the branches in
enterprise which the employees
are employed -
ORThe damage was
caused on the
occasion of their
functions

The term “owners and managers of an establishment or enterprise” is

used in the sense of an “EMPLOYER;” hence, managers cannot be
liable since they themselves are employees of the enterprise.

Art 2180, par 4 may be unnecessary as Art 2180, par 5 already covers
the cases under par 4.

Employers

The liability of an employer is based primarily on the presumption that

he failed to exercise due diligence in the selection and supervision of
his employees.

REQUISITES OF LIABILITY:

1) existence of the employer-employee relationship

2) THE EMPLOYER WAS CHOSEN BY THE EMPLOYEE;

3) THE WORK BEING PERFORMED WAS IN ACCORDANCE

WITH A VALID ORDER; AND

4) THE ILLICIT ACTS OF THE EMPLOYEE WAS ON THE

OCCASION OR BY REASON OF THE FUNCTIONS
ENTRUSTED TO HIM.
The employer can interpose the defense of due diligence in selection
and supervision of his employees.

STATE

General Rule:

The State cannot be sued. (Sec 3, Art XVI, Consti)

Exceptions:

a. There is express legislative consent

b. The State filed the case

Instances where the state gives its consent to be sued:

a. Art. 2180 (6) is an example of an express legislative consent.

Here, the State assumes a limited liability for the acts of its
special agents.

b. Art. 2189 provides for state liability for damages caused by

defective condition of public works.

c. Local Government Code provides for the liability of local

government units for the for the wrongful exercise of its
proprietary (as opposed to its governmental) functions. The
latter is the same as that of a private corporation or individual.
(Mendoza vs. De Leon)

Who is a special agent?

A special agent is

a. A public official required to do a particular task that is foreign

to said official’s usual government functions, or

B. A PRIVATE INDIVIDUAL WHO IS COMMISSIONED FOR A

SPECIAL GOVERNMENT TASK.
 The agent must be empowered by a definite order or commission
to perform some act. This act must be the one that gives rise to the
injury claimed. (Merritt vs. Government)

If the State’s agent is not a public official and is commissioned to

perform nongovernmental functions, then the State assumes the role
of an ordinary employer and can be held liable for the agent’s tort.

Does state immunity mean that injured persons are deprived of

remedy?

No. A regular official is liable under Art 2176 for the damage he
causes. But as a rule, even if injury is caused in the course of the
performance of a governmental duty, no recovery can be had
from the government’s officers so long as they performed their
duty honestly and in good faith or that they did not act wantonly
or maliciously.

TEACHERS AND HEADS OF ESTABLISHMENTS OF

ARTS AND TRADES

Art. 2180 must be read together with the provisions of the Family
Code, thus:

Art. 218. The school, its administrators and teachers, or the individual,
entity or institution engaged in child care shall have special parental
authority and responsibility over the minor child while under their
supervision, instruction or custody. Authority and responsibility shall
apply to all authorized activities whether inside or outside the
premises of the school, entity or institution.

Art. 219. Those given the authority and responsibility under the
preceding Article shall be principally and solidarily liable for damages
caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding

paragraph shall not apply if it is proved that they exercised the proper
diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
Who are liable?

Persons exercising substitute parental authority (SATI)

1) School
2) Administrators
3) Teachers
4) Individual/entity/institution engaged in child care

Substitute parental authority is intermittent

What are the requisites for liability to attach under the Family Code?

REQUISITES:

1) The tortfeasor is a minor (below 18 only)

2) Under their supervision, instruction or custody RA 6809 does

not provide that persons exercising subsidiary parental
authority are liable for the torts of those who are between 18 and
21, unlike in the case of parents and guardians. Cases which do
not fall under the provision on substitute parental authority will
be governed by Art 2180 of the Civil Code.

What are the requisites for liability to attach under Article 2180?

REQUISITES:

1) The defendant must be the teacher or the head of a school of

arts and trades;

2) THE DAMAGE TO THE PLAINTIFF MUST BE CAUSED BY

THE ACT OR OMISSION OF A STUDENT WHO, AT THE TIME
OF ITS COMMISSION, WAS UNDER THE CUSTODY OF THE
DEFENDANT; AND

3) Proof of the amount of damage.

“Custody” means the protective and supervisory custody the school

and its head and teachers exercise over the students for as long as they
are at attendance in the school, including break times (lunch or recess).
E. Do tortfeasors vicariously liable under Art. 2180 have a defense?

Yes. Responsibility ceased when they prove that they observed

all the diligence of a good father of a family to prevent damage.
(Art. 2180)

F. What is the liability of joint tortfeasors?

The responsibility of two or more persons who are liable for

quasi-delict is SOLIDARY. (Art. 2194)

G. May they recover what they paid and from whom?

Yes. 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. 2181)

Who are liable For whose acts Requisite for Liability

to Attach
Teacher in-charge pupils and students pupils and students
(the one designated remain in teacher’s
to exercise custody regardless of
supervision over the age
students)
Head of Apprentices custody regardless of
establishment of arts the age
and trades
School (generally not a. if the tortfeasor is a must be below 18
held liable) student of the school
(Art 218 FC)

b. if the tortfeasor is
a teacher/ employee
of the school, it is
liable as employer
under 2180 (5) of CC
(St. Francis vs. CA)

c. if the tortfeasor is a
stranger, it is liable
for breach of
contract. (PSBA vs.
CA)