Extra Contractual Obligations

Article 1157 of the New Civil Code of the Philippines includes quasi-delict as a source of obligation. This source of obligation is classified as "extra-contractual obligation" and is governed by the "torts" provisions found in the scattered articles of the Civil Code of the Philippines and in special laws.

Black's Law Dictionary define tort as a 'private or civil wrong or injury other than breach of contract.' In this jurisdiction, courts will provide a remedy, in the form of an action for damages for tortuous acts.

Tortuous acts are violations of a duty imposed by general law upon all persons maintaining a relationship with other persons, business or otherwise, in all human activity. For acts to be considered falling within the ambit of "tort," there must always be a violation of some duty that must always arise by operation of law and not by mere agreement of the parties. Such is so because tort is a legal wrong committed upon person or property independent of contract.

The purpose of the law of torts is to provide a peaceful means for adjusting the rights of parties so as to prevent said parties from taking the law into their own hands. It is also a means to deter wrongful conduct as well as to encourage socially responsible behavior. The law on torts also aims to restore injured parties to their original conditions, insofar as the law can do this, by compensating them for their injury.

The purposes of tort law, discussed in the preceding paragraph, protect different interests in the society. The Supreme Court affirms this in the 1987 case of Phoenix Construction, Inc., vs. Intermediate Appellate Court (148 SCRA 353), when it stated: "tort law seeks to reduce the risks and burden of living in the society and to allocate them among the members of society."

The foregoing pronouncement of the highest tribunal of the land is in accord with the concept that Civil Law is a mass of precepts that determine or regulate relations that exist between members of the society for the protection of private interests.

This blogger believes that one sure way to avoid tort liability is adherence to the golden rule "Do unto others what you would have others do unto you."