Accident

Most Philippine Supreme Court decisions view negligence in a relative concept. Its application depends upon the situation the parties are in, and the degree of care and vigilance which the prevailing circumstances reasonably require (Bulilan v. Commission on Audit, 285 SCRA 445, 453 [1998]

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Personal Injury Cases

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Injury

The degree of diligence required in personal injury cases is viewed from the perspective of a prudent man. Who then is a prudent man? The Philippine concept of a prudent man is one who possesses ordinary intelligence and capacity. He is the average man who is presumed by law to have the necessary capacity to avoid doing harm to others.

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