12 Strict Torts Under The Civil Code

1
__ Torts Law __
12 STRICT TORTS UNDER THE CIVIL CODE
Strict liability or "strict tort," also known as "absolute liability" or "liability without fault,"
is a concept in tort law different from intentional tort and negligent tort. A person is
liable for damages regardless of fault or negligence and regardless of intention. After
certain facts have been established as a premise, liability under strict tort is almost
absolute because the law expects every person to comply with certain absolute
duties to make society safe. These absolute duties are required so that persons are
safe from extremely hazardous circumstances because of certain presumptions that
people hold every day. For example, people presume that the food they buy is safe
so they eat it immediately without feeling the need to inspect with extreme care;
hence, there is a need for strict tort against food makers.
Under the Civil Code of the Philippines, STRICT LIABILITY is imposed by Articles
1314, 1711, 1712, 1723, 2183, 2184, 2187, 2189, 2190, 2191, 2192 and 2193.
1. Article 1314; STRICT TORT AGAINST INDUCERS. Any third person who
induces another to violate his contract shall be liable for damages to the other
contracting party.
2. Article 1711; STRICT TORT AGAINST EMPLOYERS. Owners of enterprises

and other employers are obliged to pay compensation for the death of or
injuries to their laborers, workmen, mechanics or other employees, even
though the event may have been purely accidental or entirely due to a
fortuitous cause, if the death or personal injury arose out of and in the course
of the employment. The employer is also liable for compensation if the
employee contracts any illness or disease caused by such employment or as
the result of the nature of the employment. If the mishap was due to the
employee's own notorious negligence, or voluntary act, or drunkenness, the
employer shall not be liable for compensation. When the employee's lack of
due care contributed to his death or injury, the compensation shall be
equitably reduced.
3. Article 1712; STRICT TORT AGAINST FELLOW WORKERS WITH

SOLIDARY LIABILITY AGAINST EMPLOYERS. If the death or injury is due
to the negligence of a fellow worker, the latter and the employer shall be
solidarily liable for compensation. If a fellow worker's intentional or malicious
act is the only cause of the death or injury, the employer shall not be
answerable, unless it should be shown that the latter did not exercise due
diligence in the selection or supervision of the plaintiff's fellow worker.
4. Article 1723; STRICT TORT AGAINST ENGINEERS AND ARCHITECTS.

The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen (15) years from the completion of
the structure, the same should collapse by reason of a defect in those plans
and specifications, or due to the defects in the ground. The contractor is
likewise responsible for the damages if the edifice falls, within the same
@AJDII
2
period, on account of defects in the construction or the use of materials of

inferior quality furnished by him, or due to any violation of the terms of the
contract. If the engineer or architect supervises the construction, he shall be
solidarily liable with the contractor.
Acceptance of the building, after completion, does not imply waiver of any of
the cause of action by reason of any defect mentioned in the preceding
paragraph.
The action must be brought within ten years following the collapse of the
building.
5. Article 2183; STRICT TORT AGAINST ANIMAL POSSESSORS. The

possessor of an animal or whoever may make use of the same is responsible
for the damage which it may cause, although it may escape or be lost. This
responsibility shall cease only in case the damage should come from force
majeure or from the fault of the person who has suffered damage.
6. Article 2184; STRICT TORT AGAINST DRIVERS WITH SOLIDARY

LIABILITY AGAINST MOTOR VEHICLE OWNERS. In motor vehicle
mishaps, the owner is solidarily liable with his driver, if the former, who was in
the vehicle, could have, by the use of the due diligence, prevented the
misfortune. It is disputably presumed that a driver was negligent, if he had
been found guilty of reckless driving or violating traffic regulations at least
twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of article 2180 are
applicable. (n)
7. Article 2187; STRICT TORT AGAINST MANUFACTURERS AND

PROCESSORS. Manufacturers and processors of foodstuffs, drinks, toilet
articles and similar goods shall be liable for death or injuries caused by any
noxious or harmful substances used, although no contractual relation exists
between them and the consumers.
8. Article 2189; STRICT TORT AGAINST LOCAL GOVERNMENT UNITS.

Provinces, cities and municipalities shall be liable for damages for the death
of, 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.
9. Article 2190; STRICT TORT AGAINST BUILDING OWNER. 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.
10. Article 2191; STRICT TORT AGAINST OTHER OWNERS. Proprietors shall
also be responsible for damages caused:
@AJDII
3
a. 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;
b. By excessive smoke, which may be harmful to persons or property;
c. By the falling of trees situated at or near highways or lanes, if not caused
by force majeure;
d. By emanations from tubes, canals, sewers or deposits of infectious matter,
constructed without precautions suitable to the place.
11. Article 2192; STRICT TORT AGAINST OWNERS, VIS-A-VIS AGAINST

ENGINEERS AND ARCHITECTS. If damage referred to in the two preceding
articles should be the result of any defect in the construction mentioned in
article 1723, the third person suffering damages may proceed only against the
engineer or architect or contractor in accordance with said article, within the
period therein fixed.
12. Article 2193; TORT AGAINST FAMILY HEADS. The head of a family that
lives in a building or a part thereof, is responsible for damages caused by
things thrown or falling from the same.
@AJDII

12 Strict Torts Under The Civil Code

Uploaded by

Copyright:

Available Formats

12 Strict Torts Under The Civil Code

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

12 Strict Torts Under The Civil Code

Uploaded by

Copyright:

Available Formats

1

12 STRICT TORTS UNDER THE CIVIL CODE

2. Article 1711; STRICT TORT AGAINST EMPLOYERS. Owners of enterprises

3. Article 1712; STRICT TORT AGAINST FELLOW WORKERS WITH

4. Article 1723; STRICT TORT AGAINST ENGINEERS AND ARCHITECTS.

period, on account of defects in the construction or the use of materials of

5. Article 2183; STRICT TORT AGAINST ANIMAL POSSESSORS. The

6. Article 2184; STRICT TORT AGAINST DRIVERS WITH SOLIDARY

7. Article 2187; STRICT TORT AGAINST MANUFACTURERS AND

8. Article 2189; STRICT TORT AGAINST LOCAL GOVERNMENT UNITS.

9. Article 2190; STRICT TORT AGAINST BUILDING OWNER. The proprietor

11. Article 2192; STRICT TORT AGAINST OWNERS, VIS-A-VIS AGAINST

You might also like