Atty. Gregorio B. Austral, CPA
Different standards of care required in our activities
We owe to society the general duty to exercise a certain degree of care in everything that we do. In Cangco v. Manila Railroad Company, 38 Phil 768, the Supreme Court said that “the legal rights of each member of society constitute the measure of the corresponding legal duties, mainly negative in character, which the existence of those rights imposes upon all other members of society. The breach of these general duties whether due to willful intent or to mere inattention, if productive of injury, give rise to an obligation to indemnify the injured party.”
For example, a person who is driving his car using public streets and highways for travel is bound to anticipate the presence of other persons whose rights on the street or highway are equal to his own. Although he is not an insurer against injury to persons or property, it is nevertheless his duty to operate his motor vehicle with due and reasonable care and caution under the circumstances for the safety of others as well as for his own (Caminos, Jr. v. People, G.R. No. 147437, May 8, 2009).
Owners and operators of clinical laboratories have the duty to comply with statutes, as well as rules and regulations, purposely promulgated to protect and promote the health of the people by preventing the operation of substandard, improperly managed and inadequately supported clinical laboratories and by improving the quality of performance of clinical laboratory examinations. Their business is impressed with public interest, as such, high standards of performance are expected from them (Garcia, Jr. v. Salvador, G.R. No. 168512, March 20, 2007).
Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extra ordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them according to all the circumstances of each case (Art. 1733, Civil Code). A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances (Art. 1755).
In treating his patient, a physician is under duty to exercise that degree of care, skill and diligence which physicians in the same general neighborhood and in the same general line of practice ordinarily possess and exercise in like cases (Lucas, et. Al. v. Ma. C. Tuano, G.R. No. 171636, April 7, 2009).
Except in cases where the law imposes a higher degree of care, the standard of conduct used in the Philippines is that of pater familias referred in the Civil Code as a good father of a family. A good father of a family is referred to as the reasonable man, man of ordinary intelligence and prudence, or ordinary reasonable prudent man.
A breach of this general duty of care to society gives to rise to an action for quasi-delict. Under Article 2176 of the Civil Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same (Art. 20, Civil Code).