Atty. Crisalyn B.

Lumanglas
“Responsibility arising from
negligence in performance of every
kind of obligation is also demandable,
but such liability may be regulated by
the courts, according to the
circumstances.”
§ In the performance of every kind of obligation,
the debtor is also liable for damages resulting
from his negligence. The courts, however, are
given wide discretion in fixing the measure of
damages.
§ WHY IS THAT? The reason is because
negligence is a question which must
necessarily depend upon the circumstances of
each particular case. Moreover, negligence is
not as serious as fraud because in the case of
the former, there is NO deliberate intention to
cause injury or damages.
§ According to the circumstances, the court may
increase or decrease the damages
recoverable.
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§ FUTURE NEGLIGENCE

§ As a general rule, it may be renounced or waived

except where the nature of the obligation requires
the exercise of extraordinary diligence as in the
case of common carriers.
§ CONTRACTUAL NEGLIGENCE (Culpa
Contractual) –negligence in contracts
resulting in their breach
§ CIVIL NEGLIGENCE (Culpa
Aquiliana) –negligence which by itself is
the source of an obligation between the
parties not so related before by aby pre-
existing contract. It is also called tort or
quasi-delict;
§ CRIMINAL NEGLIGENCE (Culpa
Criminal) – negligence resulting in the
commission of a crime.
“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.
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§ Fault or negligence is defined by Article 1173.

§ The Supreme Court defines negligence as the failure

to observe for the protection of the interests of
another person, that degree of care, precaution and
vigilance which the circumstances justly demand,
whereby such other person suffers injury.
Negligence is a question of fact, its existence being dependent upon the particular
circumstances of each case. In determining the issue of negligence, the following
factors must be considered:

NATURE OF THE OBLIGATION

CIRCUMSTANCES OF THE PERSON

CIRCUMSTANCES OF TIME

CIRCUMSTANCES OF THE PLACE

1. That agreed upon by the parties, orally or in
writing;
2. In the absence of stipulation, that required KIND OF
by law in the particular case; DILIGENCE
3. If both the contract and law are silent, then REQUIRED
the diligence expected of a good father of a
family.
“Except in cases expressly specified by
the law, or when it is otherwise declared
by stipulation, or when the nature of the
obligation requires the assumption of
risk, no person shall be responsible for
those events which could not be
foreseen or which though foreseen,
were inevitable.”
A fortuitous event is any event which cannot be foreseen, or which
though foreseen, is inevitable. Stated otherwise, it is an event which
is either impossible to foresee or impossible to avoid.

The essence of a fortuitous event consists of being a happening

independent of the will of the debtor and which happening, makes
the normal fulfillment of the obligation impossible.
 § ACTS OF MAN – strictly speaking, fortuitous even is an
event independent of the will of the obligor but not of other
human wills.

§ ACTS OF GOD – they refer to what is called majeure or

those events which are totally independent of the will of
every human being.
NOTE:
§ In our law, fortuitous events and force majeure are identical
insofar as they exempt an obligor from liability. Both are
independent of the will of the obligor.

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 The Civil Code distinguishes between two
kinds of fortuitous events, namely:
1. Ordinary fortuitous events – those
KINDS OF events which are common and which
the contracting parties could
FORTUITOUS reasonably foresee.
EVENTS 2. Extraordinary fortuitous events —
those events which are uncommon and
which the contracting parties could
not have reasonably foreseen.
 1. The event must be independent of
the human will or at least of the
debtor’s will;
The event could not be foreseen, or
REQUISITES OF
2.
if foreseen, is inevitable;
3. The event must be of such a
A FORTUITOUS character as to render it impossible
for the debtor to comply with his

EVENT
obligation in a normal manner; and
4. The debtor must be free from any
participation in, or the aggravation
of, the injury to the creditor, that is,
there is no concurrent negligence on
his part.
A person is not, as a rule, responsible for the In other words, the debtor’s obligation is
loss or damage caused to another resulting EXTINGUISHED.
from fortuitous event.
When expressly specified When declared by When the nature of the
by law stipulation obligation requires the
assumption of risk
NEXT MEETING
Articles 1179 to Article 1182