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r goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. [65]

Unlike other articles on quasi-delicts, the principle of strict liability does not mention fault or negligence as basis of the liability. “It applies even if the defendant manufacturer or processor has exercised all the possible care in the preparation and sale of his product.” [66]

To establish the liability of the manufacturer or processor under the article, the following requisites must be established –

(1) The defendant is the manufacturer or processor of foodstuff, drinks, toilet articles and similar goods involved;

(2) The defendant used noxious or harmful substances in the manufacture or processing of the foodstuff, drink or toilet articles and similar goods;

(3) Plaintiff used or consumed such product unaware of the injurious condition of the product;

(4) Plaintiff’s injury or death was caused by the product used or consumed;

(5) The forms or kinds of damages suffered and the amount thereof. [67]

It should be noted however that the liability imposed by Article 2187 is limited only to manufacturers of foodstuffs, drinks, toilet articles, and similar goods for death or injuries caused by any noxious or harmful substance used. Privity of contract between the manufacturer and the consumer is not required under Article 2187 because it expressly allows recovery although no contractual relation exists. [68] The liability stems from the “duty imposed by law upon the manufacturer not to put upon the market a commodity that is unsuitable for use by the public, and which the public could not use without injury,” [69] as a matter of public policy.

Even if the consumer or the user who was injured in the consumption of the injurious foodstuffs, drinks, etc. is not a direct buyer, as when he acquired the foodstuffs through intermediate dealers, the manufacturers and processors are liable by express provision of the law. There is no need for the existence of a contractual relation like sale, donation, etc. The rule of strict liability is justified because the manufacturers or processors have assumed responsibility to the consuming public that their products are safe and not harmful or injurious. [70]

E. Delict: Criminal Negligence

Criminal negligence is governed by Article 365 of the Revised Penal Code.

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 period 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.

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Reckless imp