G.R. No. L-10134 – 101 Phil. 843 – Civil Law – Torts and Damages – Liability of Parents Dante Capuno was a 15 year old boy who was a pupil at Balintawak Elementary School. In March 1949, he attended a boy scout parade for Dr. Jose Rizal. While they […]
Monthly Archives: August 2011
G.R. No. L-48931 – 74 Phil. 560 – Civil Law – Torts and Damages – Distinction of Liability of Employers Under Article 2180 and Their Liability for Breach of Contract In January 1932, Francisco De Borja entered into a contract of sale with the NVSD (Natividad-Vasquez Sabani Development Co., Inc.). The […]
G.R. No. L-24101 – 35 SCRA 160 – Civil Law – Torts and Damages – Liability of Parents Maria Teresa Cuadra and Maria Teresa Monfort were both classmates at Mabini Elementary School, Bacolod City. In July 1962, their teacher assigned the class to weed the school premises. While they were […]
G.R. No. L-26407 – 82 SCRA 245 – Civil Law – Torts and Damages – Distinction of Liability of Employers Under Article 2180 and Their Liability Under the Revised Penal Code – Independent Civil Action In April 1950, the freight truck owned by Eusebio Mendoza was bumped by a bus […]
G.R. No. 96078 – 205 SCRA 69 – Labor Law – Labor Standards – Hours of Work – OT Pay of a Project Based Employee Post-Employment – No Separation Pay for Project Employees In 1977, Hilario Rada was contracted by Philnor Consultants and Planners, Inc. as a driver. He was […]
G.R. No. 78210 – 170 SCRA 776 – Labor Law – Labor Standards – Hours of Work – Assembly Time is Not Waiting Time Teofilo Arica et al and 561 others sued Standard Fruits Corporation (STANFILCO) Philippines for allegedly not paying the workers for their assembly time which takes place every work […]
G.R. No. L-12191 – 30 Phil. 768 – Civil Law – Torts and Damages – Distinction of Liability of Employers Under Article 2180 and Their Liability for Breach of Contract On January 20, 1915, Cangco was riding the train of Manila Railroad Co (MRC). He was an employee of the […]
G.R. No. L-7664 – 104 Phil. 397 – Civil Law – Torts and Damages – Due Diligence as a Defense – Last Clear Chance; when not applied On July 5, 1952, Dominador Ong (14 years old) and his two brothers went to the swimming pool operated by Metropolitan Water District […]
G.R. No. 9734 – 30 Phil. 624 – Civil Law – Torts and Damages – Due Diligence as a Defense – Liability of a Person Who Rented a Car On May 14, 1911, Mariano Leynes rented a car from International Garage owned and operated by Ramon Ramirez. As per the […]
68 Phil. 568 – Civil Law – Torts and Damages – Employer Not Liable When Injury Did Not Occur in the Course of Duty or Service On April 30, 1937, Mariano Capulong, a chauffeur, without the knowledge of his employer, Bernardo Castillo, drove his boss’s car. Capulong ran over Fernanda […]
G.R. No. 164195 – 514 SCRA 537 – Civil Law – Property – Eminent Domain – Determination of Just Compensation APO Fruits Corporation, Inc. (AFC) and Hijo Plantation Inc. (HPI) were owners of 5 parcels of land (1338.60 has.) located in San Isidro, Tagum, Davao. On 12 October 1995, the […]
G.R. Nos. 135779-81 – 416 SCRA 341 – Criminal Law – Book 1 – Aggravating Circumstances – Treachery Absorbs other Selected Circumstances At around 8pm on March 9, 1992, Luciano de Guzman and two others (Efren Reyes and Bernard Bustamante) entered the house of the Calamnos. The Calamnos (Presente, Bernardo, […]
G.R. No. 123161 – 404 SCRA 211 – Criminal Law – Book 1 – Aggravating Circumstances – Band – Cruelty On March 3, 1994, Aleli Guiroy went to open their bakery and grocery store. She could not open the door so she asked for the help of her uncle. A certain […]
G.R. NO. 143085 – 425 SCRA 178 – Criminal Law – Aggravating Circumstance – Treachery – Evident Premeditation On July 17, 1995, Edgardo Borbon was drunk and he announced he “wanted to kill”. He then held the wrist of a certain Jaime Tabilangan. Upon hearing this, Jaime got scared and […]
G.R. No. 138541 – 403 SCRA 713 – Criminal Law – Book 1 – Aggravating Circumstances – When Treachery is Not Present On January 2, 1994, at around 1:45 pm in the morning, Leonardo Mallari and a certain Eduardo Colonia had a heated argument. In the course of the quarrel, […]
G.R. No. 150590 – 409 SCRA 428 – Criminal Law – Book 1 – Aggravating Circumstance – Treachery – Hitting Behind the Back – Killing After an Altercation On July 3, 1997, Ruel Barela, a manager at a construction company confronted security guard Willie Almedilla while the latter was eating. […]