Text of the provision
Art. 2176. 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 and is governed by the provisions of this Chapter.
(1902a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The foundation of Philippine tort law: whoever by act or omission causes damage to another through fault or negligence is obliged to pay, where there is no pre-existing contractual relation. This is quasi-delict, or culpa aquiliana — an independent source of civil liability.
Questions about this provision
- Can I sue someone for damages if we had no contract?
- The driver who hit my car was never criminally charged — can I still sue him separately for the damage he caused?
Related provisions
- Article 2175 — Paying Another's Taxes.
- Article 2177 — No Double Recovery.
Cases citing this article
- Avelino Casupanan and Roberto Capitulo vs. Mario Llavore Laroya, G.R. No. 145391, August 26, 2002 — read the decision on LawPhil →
- Rafael Reyes Trucking Corp. vs. People of the Philippines and Rosario P. Dy, etc, G.R. No. 129029, April 3, 2000 — read the decision on LawPhil →
- Supreme Transportation Liner, Inc. and Felix Q. Ruz vs. Antonio San Andres, G.R. No. 200444, August 15, 2018 — read the decision on LawPhil →
- San Ildefonso Lines, Inc., et al. vs. Court of Appeals, et al, G.R. No. 119771, April 24, 1998 — read the decision on LawPhil →
- Pedro De Belen and Bejan Mora Semilla vs. Virginia Gebe Fuchs, G.R. No. 258557, October 23, 2023 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.