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ACCIDENT pertains to an unforeseen event in which no fault or negligence attaches to defendant (or if it
happens wholly or partly through human agency, it is an event which under the circumstances is unusual
or unexpected by the person to whom it happens); there is exercise of ordinary care here
NEGLIGENCE is the omission to do something which a reasonable man, guided by those considerations
which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a
prudent and reasonable man would not do
Alternatively, it is the failure to observe, for the protection of another persons interest, that degree of care,
precaution and vigilance which the circumstances justly demand, whereby such other person suffers
injury
Picart v. Smith lays down the test to determine WON negligence exists: Did the defendant in doing the
alleged negligent act use that reasonable care and caution which an ordinary prudent person would have
used in the same situation? If not, he is guilty of negligence.
SC found that Zhieneth performed no act that facilitated her death. Basis is her statement to the doctor as
related by former employee Gonzales. It was made part of the res gestae since she made the statement
immediately subsequent to the startling occurrence. It is axiomatic that matters relating to declarations of
pain or suffering and statements made to a physician are generally considered declarations and
admissions. Also, the court considered the fact that Zhieneth was of a tender age (and in so much pain!),
so it would be unthinkable that she would lie.
Other findings:
Petitioners were informed of the danger posed by the unstable counter, yet they did not act on the matter,
so they failed to discharge the due diligence required of a good father of a family.
They failed to establish that the testimonies of former employees were biased.
Conclusive presumption that children below 9 are incapable of contributory negligence is applied.
Even if contributory negligence would be attributed to Zhieneth, no injury should have occurred if
petitioners theory that the counter is stable and sturdy is to be believed.
Criselda is absolved from any contributory negligence, since it was reasonable for her to let go of her
child to sign a slip.
Zhieneth was just a foot away from her mother, and the counter was just four meters away from Criselda
(contrary to statements that Zhieneth was loitering at that time).
Part of res gestae. Statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in
evidence as part of the res gestae. So, also, statements accompanying an equivocal act material to the
issue, and giving it a legal significance, may be received as part of the res gestae.