1) What is a “tortfeasor” in Philippine law?

The Civil Code does not use the word “tort,” but it codifies quasi-delicts (culpa aquiliana)—the functional equivalent of torts. A tortfeasor is simply the person who, by act or omission, causes damage to another through fault or negligence and is thus civilly liable under Article 2176. The concept also embraces intentional civil wrongs that the Code and jurisprudence allow to be pursued independently of criminal liability (Arts. 19–21, 26, 32–35, 2219, 2220, and related provisions).

Core rule (Art. 2176): Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. This fault or negligence, when not arising from a pre-existing contractual relation, is called a quasi-delict.

2) Sources of tortfeasor liability

A. Negligence (Quasi-delict)

Elements: (1) an act/omission; (2) negligence; (3) damage; (4) proximate cause; (5) absence of prior contract (Art. 2176).
Standard of care: that of a good father of a family (ordinary prudence) considering the circumstances (Arts. 1173, 2180).
Doctrines aiding proof: res ipsa loquitur; negligence per se (statutory violation as evidence of negligence); last clear chance; emergency rule; foreseeability.

B. Intentional Civil Wrongs (Abuse of Rights and Other Civil Actions)

Abuse of rights / human relations: Arts. 19–21, 26 penalize acts contrary to justice, honesty, or good customs; privacy and dignity invasions, etc.
Independent civil actions: Arts. 31, 32, 33, 34, 35 allow suits for constitutional rights violations, defamation/fraud/physical injuries, refusal of police aid, and analogous wrongs—separately from criminal actions and on preponderance of evidence.

C. Special statutory/quasi-delict regimes in the Civil Code

Vicarious liability (Art. 2180):
- Parents/guardians for minors; teachers and heads of establishments for students/apprentices;
- Owners/managers of businesses;
- Employers for employees acting within assigned tasks;
- State through a special agent;
- Rebuttal: those responsible may exculpate by proving due diligence in selection and supervision (except where the article makes liability direct).
Animals (Art. 2183): Possessor/owner liable for damage caused by the animal.
Manufacturers/processors/sellers (Art. 2187): Liable for death or injuries caused by adulterated or defective foods, drinks, drugs, or products, even without privity.
Buildings in ruin (Art. 2190): Owner liable for damages due to lack of repairs or defects.
Defective roads/structures (Art. 2189): Provinces, cities, municipalities liable for injuries from defects in roads, streets, bridges, public buildings.
Innkeepers/common carriers: Special regimes (Arts. 1998–2003; 1732–1766) impose heightened duties that can found tort-type liability even alongside contracts.

3) Joint tortfeasors and solidarity

Solidary liability (Art. 2194): “The responsibility of two or more persons who are liable for a quasi-delict is solidary.” Any one tortfeasor may be compelled to pay the whole judgment to the injured party, without prejudice to contribution among them (Arts. 1217–1222).
Employer and employee: Employer’s liability is primary and direct under Art. 2180 (not merely subsidiary), subject to the due-diligence defense; employer may seek indemnity from the negligent employee to the extent of fault.

4) Causation and defenses

Proximate cause: The efficient, adequate cause which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury; foreseeability guides the analysis.
Contributory negligence (Art. 2179): Does not bar recovery unless it is the immediate and proximate cause of the injury; otherwise it mitigates damages in proportion to the plaintiff’s negligence.
Assumption of risk / volenti non fit injuria: Complete or partial defense depending on facts.
Superseding cause: Breaks the causal chain (e.g., highly extraordinary intervening acts).
Damnum absque injuria: Damage without legal wrong is not compensable.

5) Interplay with contracts and crimes

Breach of contract with negligence: Liability arises under Arts. 1170, 2201–2202; a plaintiff may sue in contract (ex contractu) or tort (quasi-delict) when facts allow, but cannot recover twice for the same act or omission (Art. 2177).
Criminal negligence vs. quasi-delict: Civil liability ex delicto (from crime) is separate and distinct from culpa aquiliana; claimants may proceed on either or both, subject to no double recovery (Arts. 31–35, 2177).

6) Damages recoverable from a tortfeasor

Actual/compensatory (Arts. 2199–2205): for proven pecuniary loss (medical bills, lost earnings, repair costs, etc.).
Moral (Arts. 2217–2220): for physical suffering, mental anguish, wounded feelings, social humiliation; in quasi-delicts, awarded when the act or omission caused such injury and the facts warrant.
Exemplary/punitive (Arts. 2229–2235): to set an example or correction when the defendant acted in a wanton, fraudulent, reckless, or malevolent manner (e.g., Art. 2232 in quasi-delicts).
Temperate/Moderate (Art. 2224): when some pecuniary loss is suffered but its amount cannot be proved with certainty.
Nominal (Art. 2221): to vindicate a right violated without substantial loss.
Attorney’s fees and costs (Art. 2208): in specified instances (e.g., bad faith, exemplary damages, or when just and equitable).
Interest: Legal interest may be imposed on monetary awards from the time demand is made or judgment becomes final, as applicable (Arts. 2212, 2209; prevailing jurisprudence sets the rate).
Mitigation duty (Art. 2203): The injured party must exercise due care to minimize damages; failure can reduce recovery.

7) Procedural notes

Burden and standard: Plaintiff bears the burden to prove negligence and causation by preponderance of evidence.
Prescription: Actions based on quasi-delict generally prescribe in four (4) years from accrual of the cause of action (Civil Code on prescription/Code of Civil Procedure provisions).
Venue/jurisdiction: Governed by the amount claimed and applicable procedural rules; tort actions are typically filed where the plaintiff or defendant resides or where the tort was committed.
Survival/transmissibility: Claims for pecuniary loss ordinarily survive and may be pursued by or against the heirs (subject to rules on purely personal actions).

8) Government and public-sector exposure

Immunity: The State’s consent is generally required to be sued; however, Art. 2180 makes the State liable when it acts through a special agent.
Local governments (Art. 2189): Provinces, cities, and municipalities are liable for injuries due to defective public ways and buildings—a direct statutory cause.
Public officers: May incur personal civil liability for acts done with malice or in bad faith (see Arts. 19–21, 27, 32; independent civil actions).

9) Typical litigation roadmap (practical checklist)

Theory of the case: Choose between quasi-delict, abuse of rights/independent civil action, breach of contract, or a combination—mind Art. 2177 (no double recovery).
Identify all tortfeasors: Include employers, parents, schools, owners/managers, possessors of animals, LGUs, manufacturers, etc., per Arts. 2180, 2183, 2187, 2189, 2190. Plead solidary liability (Art. 2194).
Facts & proof: Duty, breach, causation, damages; preserve medical and business records; consider expert testimony.
Anticipate defenses: contributory negligence (Art. 2179), due diligence in selection/supervision (Art. 2180), superseding cause, prescription.
Damages prayer: Actual + moral + exemplary (when warranted) + attorney’s fees and legal interest; include temperate damages if exact amounts are uncertain.
Post-judgment: Enforce against any solidary debtor; later sort contribution/indemnity among them (Arts. 1217–1222).

10) Illustrative hypotheticals

Employer vehicle case: Company driver, on duty, hits a cyclist. Victim may sue the driver and employer solidarily (Arts. 2176, 2180, 2194). Employer avoids liability only by proving diligent selection/supervision. Contributory negligence (no helmet, partial blame) reduces—but does not bar—damages (Art. 2179).
Defective snack food: Consumer suffers poisoning. Claim lies against manufacturer/processor/seller under Art. 2187; moral and exemplary damages possible if conduct was reckless or wanton; proof of defect and causation is critical.
Collapsed balcony: Tenant is injured when a balcony fails due to poor maintenance; owner liable under Art. 2190 plus negligence under Art. 2176.

Bottom line

In Philippine civil law, a tortfeasor is any person who, by fault, negligence, or certain intentional civil wrongs, causes damage to another. Liability is expansive: it spans direct negligence, vicarious responsibility for others (parents, schools, employers, the State via special agents), and special statutory regimes (animals, defective products, ruined buildings, defective public ways). Solidary liability among joint tortfeasors, nuanced defenses (notably contributory negligence), and a rich menu of damages make careful pleading and proof decisive.