CONCEPT OF NEGLIGENCE DEFINITION = Article 1173: the omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of persons, time and place '= Jurisprudence provides several definitions CONCEPT OF NEGLIGENCE PNR v. Brunty Negligence defined: Neglgence isthe omisslon todo something which easorable man, guided by those considerations which frdinarly regulate the conduct of human afar, would do, for the doing of something which 2 prudent and reasonable rman would not do 1 Test in determining Negligence: 1 Did defendant. in dong the alleged neglgenc act use that Feasonsbe are and caution which an ordinary prudent person would Rave used inthe same situation? Ifnot the person is uly of neigence DILIGENCE REQUIRED Default: Diligence of a good father of a family Greater danger = greater degree of care required (Far Eastern v.CA) Factors to determine diligence required: 1 Nature of the obligation, and Circumstances ofthe persons,time,and place Jorge v.Sicam Negligence defined: Negligence is want of ere required by the circumstances Fortuitous events by definition are extraordinary events not foreseeable or avoidable [tobe discussed in future meetings)CONCEPT OF NEGLIGENCE PNR v. Court of Appeals = Negligence defined: . 1 Negianc i the tre to otnerve forthe prtetion of theimarass of moder person Gat depres of are 7 recauton and vance wh re crc Und where uh oo aren Sars ary = Rule on Common Carri Deh op ay ir stared yan fe pzzrgers es Foeto te proaampacn don ts egg n he petorrads ots cblgadon under te Sone of Eroge CONCEPT OF NEGLIGENCE Rosit v. Davao Doctors Hospital Doctrine of res ipsa loquitur: . ( tacracseitehemes ere otere * eu oetee seem nerict Fe equ carte te cs LS a [to be discussed further in future sessions] Malpracti informed consent (elements): Philippine National Bank v. Santos Other industries, because oftheir nature, are bound by law to observe higher standards of diligence. Banking Business: Siar eo common carriers banking ia business thats impressed with pubes hae acon ear aire of he an Kinelons and Seaches spac sandard of eigncs for the cxese of thelr esos cal “The dry clonhip between s bank nd ts depastor ‘means tate banc olgaion to obeerveigh sancarde ‘Finer and performance” Geared wrt nt every ‘epost areemene between aban and te poston action based upon the doctrine of the physician had a diy to dsclose moter risks; ne led to isclse or inadequately disclosed those rks 8. direct and proximate rest ofthe flure to dsciose, the Datint consented to treatment she atherwte would not hve onsentedtorand Poin wos urd by he proposed ueatent“Thegrovaen {ran farmed cose coe requires the lon tbo Sarco undscosed formvon reling tthe Weare fh would hove ore er decison tneCONCEPT OF NEGLIGENCE MERALCO v. Nordec Philippines Distribution utilities are public utilities vested with public interest, and thus, are held to a higher degree of diligence. = Should a distribution utility not exereise the standard of ‘are required offt due to its negligence in the inspection and repair ofits apparatus, hen ic can no longer recover, the amounes of allegedly used but uncharged electricity. The distribution utility's negligence is all the more apparent when it had made prior findings of tampering and yet still failed to correct these defects.DEGREES OF NEGLIGENCE Fa errr ene poe eat nen En mea} ee) ‘Ordinary falure to use ordinary care Gross failure co use even slight care (which a careless person would use). These reflect how close/ar the| conduct complied with the standard of dligence. Importance of decermining: + see Art.2231 of the Civil Code [exemplary damages] + Award of moral damages DEGREES OF NEGLIGENCE Marinduque v. Workmen's Compensation Commission ‘There is no doubt that mere riding on haulage truck (stealing a ride thereon is not negligence, ‘ordinarily. It couldn't be, because transportation by truck is not dangerous per se. Getting or accepting a free ride on the company’s haulage truck couldn't be gross negligence, because “no danger or risk was apparent”. Amedo v. Rio ‘Notorious negligence" has been held to be tantamount to "GROSS NEGLIGENCE", which, in turn, has been defined as "wane of even slight care and diligence.” Jumping into the sea, however, is entirely different, the danger which te entails being clear, potent and obvious. ‘© Considered DANGEROUS PER SE lla0-Oreta v. Ronquillo Manifested earnest intention to perform the procedure on the day and time scheduled = NO GROSS NEGLIGENCE Petitioner could not have been conscious of any foreseeable danger = Her negligence could then be partly attributed to human frailty which rules out its characterization as gross.STANDARD OF CONDUCT (IN GENERA! Picart v. Smith ‘TEST FOR NEGLIGENCE: "Did the defendant in doing the alleged negligent act use that person would have used in the same situation?” = IFnot, then he is guilty of negligence. ‘The existence of negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. Jorge v. Sicam (supra) ‘The diligence with which the law requires the individual at all times to govern his conduct varies wich the nature of the situation in which he is placed and the importance of the act which he is to perform. ‘The robbery in this case took place in 1987 when robbery was already prevalent STANDARD OF CONDUCT (IN GENERAL) Corinthian Gardens v, Spouses Tanjangco A negligent act is an inadvertent act;it may be merely carelessly done from a lack of ordinary prudence and may be one which creates a situation involving an unreasonable risk to another because of the expectable action ofthe other. a third person, an animal, or a force of nature. Corinthians failure to prevent the encroachment of the CCuasos' perimeter wall into Tanjangcos’ property — despite the inspection conducted — constitutes negligence and, atthe very least, contributed to the injury suffered by the Tanjangcos. - END OF SESSION - ‘Class to send alist of seven (7) student volunteers want to ‘report on February 25,2023 covering Special Circumstances until Medical Professionals (page 5) [volunteers to discuss 2 coses each) Report will be equivalent to one recitation grade. Only ‘those without a recitation can volunteer.