Negligence (Culpa)

Negligence or culpa, as defined in is a gross deviation from the standard of care

that a reasonable person would observe, under circumstances posing a substantial and
unjustifiable risk of which the actor should have been aware (Websters legal Dictionary
3rd ed. 2007).

Black defined negligence as the omission to do something which a reasonable

man, guided by those ordinary considerations which ordinarily regulate human affairs,
would do, or the doing of something which a reasonable and prudent man would not
do. (Blacks Law Dictionary 4th ed. 1986)

It is the failure to observe proper care for the protection of the interests of another
person that would justify the demand of a person who suffered the injury. The provision
of the law under Article 1173 of the Civil Code of the Philippine defines negligence as:

The fault or negligence of the obligor consists in the omission of that diligence
which is required by the nature of the obligation and corresponds with the
circumstances of the person, of the time and of the place. When negligence
shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2 shall
apply. If the law or contract does not state the diligence which is to be observed
in the performance that which is expected of a good father of a family shall be
required.

The test to determine the existence of negligence is stated in the following:

Did the defendant in doing the alleged negligent act use that person would have
used in the same situation? If not, then he is guilty of negligence. The law here in
effect adopts the standard supposed to be supplied by the imaginary conduct of
the discreet paterfamilias of the Roman law. 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. The law considers what would be reckless,
blameworthy, or negligent in the man of ordinary intelligence and prudence and
determines liability by that. (Picart vs. Smith)

There are Three Kinds of Negligence namely Culpa Contractual, Culpa Aquiliana
and, Culpa Criminal which would be later on discussed.

It is the opposite of exercising diligence or the application of proper care or

prudence, precaution, and vigilance under circumstances. It consists in voluntary but
performed without malice and failing to do an act. It usually arises in quasi-delict or in
criminal laws. Punishment is imposed by way of damages in civil obligations committed
by breach, whereas in criminal law it is punishable by the revised Penal Code.
Moreover, liability due to negligence may be reduced in certain cases.