英语论文网

rudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of 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. [71]

For an act to qualify as criminal negligence, there should have been no intent on the part of the offender to cause injury to another. “It presupposes lack of intention to commit the wrong done, but that it came about due to imprudence on the part of the offender.” [72] In Quizon vs. Justice of the Peace of Bacolor, Pampanga, Justice J.B.L. Reyes explained that “in negligence or imprudence, what is principally penalized is the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight, the imprudencia punible.” [73] Hence, this article covers food donations made in good faith that caused injury to a beneficiary because of the donor’s negligence.

The Court, in Cruz v. Court of Appeals, said that,

[t]he elements of reckless imprudence are: (1) that the offender does or fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3) that it be without malice; (4) that material damage results from the reckless imprudence; and (5) that there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place. [74]

On the other hand, the elements of simple imprudence are: (1) there is a lack of precaution on the part of the offender, and (2) the damage impending to be caused is not immediate or danger is not clearly manifest.

To fully distinguish imprudence and negligence, Luis B. Reyes’ book provides:

Imprudence indicates a deficiency of action while negligence suggests a deficiency of perception.

Hence, failure in precaution is termed imprudence. Failure in advertence is known as negligence.

The wrongful acts may be avoided on two levels: (1) by paying proper attention and using due diligence in foreseeing them, and (2) by taking the necessary precaution once they are foreseen.

Failure to do the first is negligence. Failure to do the second is imprudence. [75]

F. The Consumer Act of the Philippines

Declaration of Basic Policy. - It is the policy of the State to protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. Towards this end, the State shall implement measures to achieve the following objectives:

(a) protection against hazards to health and safety;

(b) protection against deceptive, unfair and unconscionable sales acts and practices;

(c) provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer;

(d) provision of adequate rights and means of redress; and

(e) involvement o