Topic 2 Criminal Negligence, Torts and Damages

LECTURE NOTES IN CVE173
CIVIL ENGINEERING LAW, ETHICS AND CONTRACTS
by
PROF. NATHANIEL C. TARRANZA

Department of Civil Engineering
College of Engineering
MSU-Iligan Institute of Technology
Property of MSU-Iligan Institute of Technology

ALL RIGHTS RESERVED
Unauthorized use and/or reproduction may result
to civil and/or criminal liabilities.
CE Laws, Contracts and Ethics Tarranza, NC Date: Page

Topic 2: Basics on Criminal Negligence, Torts and
Damages
Prof. Nathaniel C. Tarranza Date

Department of Civil Engineering and Technology
MSU-Iligan Institute of Technology
Torts or Quasi-delict: Civil Code of the Philippine

Art. 2176.. Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if there is
no pre-existing contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter.
Negligence is (a) the omission to do something which a reasonable man, guided by

those considerations which ordinarily regulate the conduct of human affairs, would do, or
(b) the doing of something which a prudent and reasonable man would do. It also refers to
(c) the conduct which creates undue risk of harm to another, (d) the failure to observe that
degree of care, precaution and vigilance that the circumstance justly demand, whereby that
other person suffers injury. (Picart v. Smith)
The test by which to determine the existence of negligence in a particular case may be
stated as follows: Did the defendant in doing the alleged negligent act use that reasonable
care and caution which an ordinarily prudent 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 pater familias 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.
CVE173; Criminal Negligence, Torts and Damages Tarranza, NC Date: Page

It is settled that in negligence cases the aggrieved parties may choose between an
action under the Revised Penal Code or of quasi-delict under Article 2176 of the Civil Code
of the Philippines. What is prohibited by Article 2177 of the Civil Code of the Philippines is
to recover twice for the same negligent act.
Actions based upon quasi-delicts prescribe after four years from the commission of the
fault or negligent deed.
Criminal Negligence: Revised Penal Code

Art. 365 Imprudence and negligence. — Any person who, by reckless imprudence, shall
commit any act which, had it been intentional, would constitute a grave felony, shall suffer
the penalty of arresto mayor in its maximum period to prision correccional in its medium
period; if it would have constituted a less grave felony, the penalty of arresto mayor in its
minimum and medium periods shall be imposed; if it would have constituted a light felony,
the penalty of arresto menor in its maximum periodic shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium
and maximum periods; if it would have constituted a less serious felony, the penalty of
arresto mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine ranging
from an amount equal to the value of said damages to three times such value, but
which shall in no case be less than twenty-five pesos.
A fine not exceeding two-hundred pesos and censure shall be imposed upon any
person who, by simple imprudence or negligence, shall cause some wrong which, if
done maliciously, would have constituted a light felony.
In the imposition of these penalties, the courts shall exercise their sound
discretion, without regard to the rules prescribed in article sixty-four.
Reckless imprudence consists in voluntarily, but without malice, doing or failing to

do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing to perform such act, taking
into consideration his employment or occupation, degree of intelligence, physical
condition and other circumstances regarding persons, time and place .
Simple imprudence consists in the lack of precaution displayed in those cases in

which the damage impending to be caused is not immediate nor the danger clearly
manifest.

Kinds of Damages

Actual or compensatory damages are those awarded in order to compensate a
party for an injury or loss he suffered. They arise out of a sense of natural justice and
are aimed at repairing the wrong done. To be recoverable, actual and compensatory
damages must be duly proved with reasonable degree of certainty. A court cannot
rely on speculation, conjecture or guesswork as to the fact and amount of damages
but must depend upon competent proof that they have suffered and on evidence of
the actual amount thereof. The party alleging a fact has the burden of proving it and a
mere allegation is not evidence.
Moral damages are awarded to compensate for the moral suffering, mental
anguish, fright, moral shock, sleepless nights, besmirch reputation, wounded feelings
of the complainant. Mere allegations do not suffice; they must be substantiated by
clear and convincing proof.
Damages are not intended to enrich the complainant at the expense of the
defendant. They are awarded only to alleviate the moral suffering that the injured
party had undergone by reason of the defendant's culpable action. There is no hard-
and-fast rule in the determination of what would be a fair amount of moral damages
since each case must be governed by its own peculiar facts.

Temperate damages mean reasonable damages. It is usually more than
nominal damages but less than compensatory damages and may be recovered
when the court finds that some pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved with certainty.
Nominal damages may be awarded to a plaintiff whose right has been

violated or invaded by the defendant, for the purpose of vindicating or
recognizing that right, and not for indemnifying the plaintiff for any loss suffered
by him. Its award is thus not for the purpose of indemnification for a loss but for
the recognition and vindication of a right. Nominal damages are damages in
name only and not in fact. When granted by the courts, they are not treated as
an equivalent of a wrong inflicted but simply a recognition of the existence of a
technical injury. A violation of the plaintiffs right, even if only technical, is
sufficient to support an award of nominal damages. Conversely, so long as there
is a showing of a violation of the right of the plaintiff, an award of nominal
damages is proper.
Exemplary damages may be awarded in order to teach the defendant a

lesson, to provide an example for the public good.
Liquidated damages are those which have been agreed by the parties orally
or in writing.
Article 1723 of the Civil Code states that…
"The engineer or architect who drew up the plans and specifications
for a building is liable for damages if within fifteen years from the
completion of the structure, the same should collapse by reason of a
defect in those plans and specifications, or due to the defects in the
ground. The contractor is likewise responsible for the damages if the
edifice falls, within the same period, on account of defects in the
construction or the use of materials of inferior quality furnished by
him, or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall be
solidarily liable with the contractor…"

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LECTURE NOTES IN CVE173

CIVIL ENGINEERING LAW, ETHICS AND CONTRACTS

PROF. NATHANIEL C. TARRANZA

Property of MSU-Iligan Institute of Technology

CE Laws, Contracts and Ethics Tarranza, NC Date: Page

Prof. Nathaniel C. Tarranza Date

Negligence is (a) the omission to do something which a reasonable man, guided by

CVE173; Criminal Negligence, Torts and Damages Tarranza, NC Date: Page

Criminal Negligence: Revised Penal Code

CVE173; Criminal Negligence, Torts and Damages Tarranza, NC Date: Page

Reckless imprudence consists in voluntarily, but without malice, doing or failing to

Simple imprudence consists in the lack of precaution displayed in those cases in

CVE173; Criminal Negligence, Torts and Damages Tarranza, NC Date: Page

CVE173; Criminal Negligence, Torts and Damages Tarranza, NC Date: Page

Nominal damages may be awarded to a plaintiff whose right has been

Exemplary damages may be awarded in order to teach the defendant a

CVE173; Criminal Negligence, Torts and Damages Tarranza, NC Date: Page

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