PERSONS LIABLE FOR QUASI DELICT

1. TORTFEASOR - Whoever by act or omission causes damage to another, there being no fault or negligence is obliged to pay for the damage done (art 2176).
2. PERSONS VICARIOUSLY LIABLE – the obligation imposed in 2176 is demandable not only for one’s own act or omission but also for those persons for whom one is responsible (art 2180).
VICARIOUS LIABILITY – law on imputed negligence; a person who himself is not guilty of negligence is made liable for conduct of another
Reason:
1. public policy – deeper pocket/capacity to pay
2. violation of duty on account of relationship – he is negligent
a) PARENTS - The father, and in case of his death or incapacity, the mother are responsible for damage caused by:
i. minor children
ii. who live in their company
Note: Father and Mother shall jointly exercise parental authority over common children. In case of disagreement, father's decision shall prevail (art 211).
b) GUARDIANS - Guardians are liable for damages caused by the minor or incapacitated persons who are
i. under their authority &
ii. live in their company
c) OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE - Owners & managers of establishment or enterprise are responsible for damages caused by their employees
i. in the service of the branches in which the latter are employed OR
ii. in occasion of their function

d) EMPLOYERS - Employers shall be liable for damages caused by their employees & household helpers
i. acting w/in the scope of their assigned task
ii. even though the former are not engaged in any business or industry (unlike in RPC – subsidiary liability of employer attaches in case of insolvency of employer for as long as the employer is engaged in business/industry)
Defenses available to employers:
i. exercise of due diligence ins election and supervision of employees
ii. act/omission was made outside working hours and in violation of
company's rules and regulations
e) STATE - The state is responsible when it acts through a special agent, but not when the same is caused by an official to whom task done properly pertains in which case art 2176 is applicable
f) SCHOOLS, ADMINISTRATOR, TEACHER - Teachers or heads of establishments of arts & trades shall be liable for damages caused by their
i. pupils, students & apprentices
ii. as long as they remain in their custody
Note:
Family Code, art 218 - The school, its administration & teachers or the individual, entity or institution engaged in child care shall have special parental authority & responsibility over the minor child under their supervision, instruction or custody (authority & responsibility shall apply to all authorized activities whether inside or outside the premises or the school, entity or institution).

Family Code, art 219 - those given the authority & responsibility shall be solidarily & principally liable for damages caused by act/omission of the unemancipated minor; parents, judicial guardian or person exercising substitute parental authority over said minor shall be subsidiarily liable

Difference between Articles 218 & 2180

Art 218
School, admin, teachers engaged in child care are made expressly liable
Liability of school, admin, teachers is solidary and parents are made subsidiary liable
Students involved must be minor

Art 2180
Teachers, head of establishment in Arts and trades are made expressly liable
No such express solidary nor subsidiary liability is stated
Students involved not necessarily minor

Issues:
1. whether or not schools are liable? –
gen rule: schools are not liable as party defendants
exception:
a) FC 218 – schools are expressly made liable
b) St. Francis case ruling – school’s liability as employer
c) PSBA case ruling – school has liability based on contract
So that –
a) if culprit is a teacher, follow St. Francis ruling (sue school as employer)
b) if culprit is a stranger, follow PSBA ruling (sue school based on contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only?
No. applies to all including academic institution per weight of jurisprudence based on obiter of Justice JBL Reyes in the Exconde case
3. basis of liability of teacher – principle of loco parentis (stand in place of parents)
4. so long as they remain in their custody
• not literal anymore; before: boarding & living with teacher due to peculiar characteristic of trade & arts school

• as long as they are in the protective, supervisory capacity of teacher – special parental authority

Except:
3. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault)
a. POSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM EVEN
IF THE ANIMAL IS LOST OR ESCAPED
1. Force majeure
2. Fault of the injured/damaged person
b. OWNER OF MOTOR VEHICLE - In motor vehicle mishap, the owner is solidarily liable with the driver if:
1. he was in the vehicle, and
2. could have through due diligence prevented the misfortune
c. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINKS, TOILET ARTICLES & SIMILAR GOODS
- they are liable for death and injuries caused by any noxious or harmful
substances used although no contractual relation exists between them and
the consumers
d. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES, SUCH AS FIREARMS AND POISON
- there is prima facie presumption of negligence on the part of defendant if
death or injury results from such possession
Exception: The possession or use thereof is indispensable in his occupation or business
e. PROVINCES, CITIES & MUNICIPALITIES
- shall be liable for damages for the death or injuries suffered by any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision
f. PROPRIETOR OF BUILDING OR STRUCTURE
- responsible for the damages resulting from any of the ff.:
i. total or partial collapse of building or structure if due to lack of
necessary repairs
ii. explosion of machinery which has not been taken cared of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place
iii. by excessive smoke, which may be harmful to persons or property
iv. by falling of trees situated at or near highways or lanes, if not caused by force majeure
v. by emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place
g. ENGINEER, ARCHITECT OR CONTRACTOR
- if damage of building or structure is caused by defect in construction which
happens within 15 years from construction; action must be brought within 10
years from collapse
h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF
- liable for damages caused by things thrown or falling from the same