2. Dolo and Culpa

Test of Negligence – Picart Test

Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued? If so, the law imposes a duty on the actor to refrain from that course or to take precaution against its mischievous results, and the failure to do so constitutes negligence [Picart vs. Smith, G.R. No. L-12219, (1918)].

CULPABLE FELONIES

In culpable felonies, the act or omission of the offender is not malicious. The injury caused by the offender to another person is unintentional, it being simply the incident of another act performed without malice.

REQUISITES:

• Freedom;
• Intelligence; and
• Imprudence, negligence, or lack of foresight or lack of skill.

Imprudence indicates a deficiency of action. It usually involves lack of skill. (e.g. a person fails to take the necessary precaution to avoid injury to person or damage to property)

Negligence indicates a deficiency of perception. It usually involves lack of foresight. (e.g. a person fails to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused)

Dolo (deceit) vs. Culpa (fault)

Accident v. Negligence

When claim of accident is not appreciated

• Repeated blows; and
• Threatening words preceding it and still aiming the gun at the prostrate body of the victim.

Notes:

• Violation of this article requires criminal intent. Hence, it cannot be committed through negligence.
• The offender need not impute guilt upon the accused to be liable.
• The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted.
• The witness who gave false testimony is liable even if the court did not consider his testimony.
• The extent of the penalty depends upon the sentence imposed on the defendant, except in the case of a judgment of acquittal.
• Since Art. 180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty, false testimony in case of a light penalty cannot be punished, considering that a penal law must always be strictly construed.

Art. 181. False Testimony Favorable to the Defendant

Any person who shall give false testimony in favor of the defendant in a criminal case

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Fraud v. Craft