Civil Law and Land Titles and Deeds › Torts and Quasi-delicts
D. Negligence
Motive NOT Material
Motive is not material on negligence cases. The defendant may still be held liable even if the act was meant to be a practical joke. (AQUINO, Torts and Damages)
Effect of acquittal in criminal case
General Rule: The acquittal of the accused in the criminal case due to the prosecution’s failure to prove guilt beyond reasonable doubt does not prejudice the civil action, in which the offended party may still be able to recover damages by a mere preponderance of evidence.
Exception: Where the judgment of acquittal contained a declaration that no negligence can be attributed to the accused and that the fact from which the civil action might arise did not exist. (Castillo v. CA, G.R. No. 48541, Aug. 21, 1989)
When is negligence excused
GR: A person is not responsible for events that could not be foreseen or, though foreseen, were inevitable, except when the law or a stipulation provides otherwise or the nature of the obligation requires assumption of risk. (NCC, Art. 1174)
Quantum of proof on negligence
The quantum of proof is preponderance of evidence. [Rules of Court, Rule 133(1)]
NEGLIGENCE (CULPA)
Negligence is the omission of the diligence required by the nature of the obligation and the circumstances of the persons, time, and place; negligence may show bad faith. (HECTOR S. DE LEON & HECTOR M. DE LEON, JR., COMMENTS AND CASES ON OBLIGATIONS AND CONTRACTS 58 (2014))
Consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place (CIVIL CODE, art. 1173)
| FRAUD | NEGLIGENCE |
| There is deliberate intention to cause damage | There is no deliberate intention to cause damage |
| Liability cannot be mitigated | Liability arising from negligence may be regulated by the courts according to the circumstances (CIVIL CODE, art. 1172) |
| Must be clearly proved | Presumed from the breach of a contractual obligation |
| Waiver for future fraud is void (CIVIL CODE, art. 1171) | Waiver for future negligence may be allowed in certain cases |
| NEGLIGENCE | CRIME |
| Any act with fault or negligence (CIVIL CODE, art. 1173) | Acts punishable by law (REVISED PENAL CODE, art. 3) |
| Criminal intent unnecessary | Criminal intent is necessary for intentional felonies, but not for felonies committed through fault (culpa). |
| Damages may be awarded to injured party | Some crimes do NOT give rise to civil liability |
| Violation of private rights | Violation of public and private rights |
| Preponderance of evidence | Proof beyond reasonable doubt |
| Can be compromised as any other civil liability | Criminal liability cannot be compromised |
| Presumption of negligence | Presumption of innocence |
NOTE: On the Presumption of negligence
Civil Code Article 1265 creates a rebuttable presumption that the loss was due to the debtor’s fault when the thing to be delivered is lost while in the debtor’s possession. This article is quite consistent with the duty imposed in Art. 1163 to take care of the thing with the diligence of a good father of the family. The intervention of a fortuitous event as a causative factor of the loss is something for the debtor to prove.
Generally, the debtor can overcome the presumption of fault by proving fortuitous event.
Exceptionally, the debtor’s liability is not taken away in case of a fortuitous event if he has incurred in delay or promised the same thing to two or more persons. In these cases, he becomes an insurer of the thing. (BALANE 402 (2020))
Kinds of Negligence
- Quasi-Delict (Culpa aquiliana/culpa extra contractual) – source of obligation; wrong or negligence committed independent of contract and without criminal intent
- Contractual Negligence (Culpa Contractual) – wrong or negligence in the performance of an obligation or contract
- Criminal Negligence (Culpa Criminal) – wrong or negligence in the commission of a crime (DE LEON 65-66 (2014))
| CULPA AQUILIANA | CULPA CONTRACTUAL |
| Negligence is substantive and independent | Negligence merely an incident of performance of an obligation |
| Generally, there is no preexisting contractual obligation | There is a preexisting contractual relation |
| Source of the obligation is the negligence itself (CIVIL CODE, art. 2176) | Source of the obligation is the breach of the contractual obligation (CIVIL CODE, arts. 1170- 1174; 2201) |
| Negligence must be proved | Proof of existence of the contract and its breach is prima facie sufficient to warrant recovery |
| For the negligence of an employee, diligence in the selection and supervision of the employees is a defense of the employer | For the negligence of an employee, diligence in the selection and supervision of the employees is NOT available as a defense of the employer |
Authorities
- Civil Code, Art. 1174
- CIVIL CODE, Sec. 1163
- CIVIL CODE, Sec. 1170
- CIVIL CODE, Sec. 1171
- CIVIL CODE, Sec. 1173
- CIVIL CODE, Sec. 2176
- CIVIL CODE, Sec. 2201
- REVISED PENAL CODE, Sec. 3