Definition of Negligence
Negligence, also referred to as culpa or fault, is generally defined as the failure to observe the required diligence or care demanded by the circumstances, which results in injury to another person. It is characterized by a lack of foresight or lack of skill. The Revised Penal Code, under Article 365, punishes acts of reckless imprudence or simple negligence.
Negligence Versus Intent
Negligence (culpa) is distinct from intentional crimes (dolo). In crimes committed by means of negligence, the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill, as opposed to deliberate intent. While intentional crimes are punished based on intent, criminal negligence is treated as a mere quasi-offense. The mental attitude or condition behind quasi-offenses like negligence is the dangerous recklessness, lack of care, or foresight.
Key Concepts and Related Terms
- Imprudence and Negligence: Article 365 of the Revised Penal Code pertains to acts committed by reckless imprudence or simple negligence. Simple imprudence is a lack of precaution where damage is not immediate or the danger is not clearly manifest. Reckless imprudence involves voluntary action or omission without malice, doing or failing to do an act from inexcusable lack of precaution, resulting in material damage due to such lack of precaution.
- Lack of Foresight/Skill: These are key elements of negligence. Negligence is the failure to observe necessary diligence required by the circumstances.
Application in Specific Contexts
- Medical Negligence: In cases of medical negligence, the elements typically include: (1) a duty owed by the physician to the patient; (2) a breach of that duty; (3) causation, meaning a reasonably close causal connection between the negligent act/omission and the resulting injury; and (4) damages suffered by the patient. Expert testimony is generally required to establish the standard of care and its breach. The doctrine of res ipsa loquitur may apply in certain medical malpractice cases where the occurrence itself suggests negligence, creating a prima facie inference and shifting the burden of explanation to the physician.
- Driving Negligence: To constitute reckless driving negligence, there must be something more than mere negligence; willful and wanton disregard of the consequences for the safety of others is required. A direct causal connection between the negligence and the injuries must be established. Excessive speed or driving on the wrong side of the road can constitute imprudent behavior indicative of negligence.
Civil Liability for Negligence
Negligence is also a source of civil liability. Civil liability arising from negligence under Article 2176 of the Civil Code is entirely distinct and separate from responsibility for fault or negligence called quasi-delict. The liability of the employer is subsidiary in a criminal case if an employee is convicted of a felony committed in the performance of duty, and the employer fails to properly respond to the civil liability adjudged.