G.R. No. L-47745 – 243 Phil. 468 – 160 SCRA 315 – Civil Law – Torts and Damages – Article 2180 – Liability of Schools of Arts and Trades and Academic Schools – Liability of Teachers and Heads of School In April 1972, while the high school students of Colegio […]
Howard
1748 posts
Below are links to the landmark cases decided by the Supreme Court in determining the liability of a school for the tortious act committed by its employees and students. As far as the tortious acts of students are concerned, the school is only subsidiarily liable. The controlling case is the […]
G.R. No. L-21438 – 124 Phil. 722 – 18 SCRA 155 – Civil Law – Torts and Damages – Liability – Culpa Aquiliana – Culpa Contractual Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exception; Res Gestae – Startling Event In March 1958, Rafael Carrascoso and several […]
K A S U N D U A N Ang kasunduang ito ay ginawa at nilagdaan ng dalawang panig ngayong ika- ______ ng __________, taong 2013, dito sa _______________________, Baguio City, nina Gng. Juana Dela Cruz (GNG. Dela Cruz), biyuda, may sapat na gulang, Filipino, at naninirahan sa _____________________________________, – […]
G.R. No. 137792 – 456 Phil. 127 – Civil Law – Credit Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial Foreclosure – Right of Redemption vs Equity of Redemption The spouses Ricardo […]
G.R. No. 138569 – 457 Phil. 688 – 410 SCRA 562 – Civil Law – Torts and Damages – Liabilities of banks for the negligence of their employees – Unauthorized Withdrawal Civil Law – Obligations and Contracts – Relationship between bank and depositor – Simple Loan L.C. Diaz and Company […]
G.R. Nos. L-12306-7 – 113 Phil. 459 – Mercantile Law – Transportation Laws – Certificate of Public Convenience – Requirement for Financial Stability of Franchise Operators In 1955, Rosa Fariñas filed an application for the registration of 5 passenger trucks. This is in addition to the 4 other trucks already in […]
G.R. No. L-19153 – 43 Phil. 597 – Taxation Law – Estate Tax – Deductions – Judicial Expenses Civil Law – Succession – Deductions from the Estate In August 1921, Carmen Johannes died leaving an estate of about P109k deposited in the Philippine National Bank. At the time of her […]
G.R. No. 190341 – 661 Phil. 281 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Res Gestae – Startling Event In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 years old […]
What is the Judicial Affidavit Rule? The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012 and made effective on January 1, 2013, is a procedural innovation which has the ultimate aim of decongesting court dockets by replacing the direct testimony of parties and witnesses in court with […]
G.R. No. 176579 – 668 Phil. 1 / 696 Phil. 276 – 652 SCRA 690 / 682 SCRA 397 – Mercantile Law – Corporation Law – Capital – What “capital” means In 1928, the Philippine Long Distance Telephone Company (PLDT) was granted a franchise to engage in the business of […]
G.R. No. 183908 – 622 Phil. 832 – 607 SCRA 796 – Labor Law – Labor Relations – Seafarers – Permanent Total Disability – Physician’s Findings In 2002, Joelson Iloreta was hired as a seaman aboard a foreign ship (MS Nautilus) operated by Norbulk Shipping U.K., Ltd. He was hired through […]
G.R. No. 183896 – 702 Phil. 578 – 689 SCRA 646 (109 O.G. 7469) – Civil Law – Persons and Family Relations – Marriage – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – Probative Value – Public Records In January 1993, […]
G.R. No. 201061 – 713 Phil. 502 – 700 SCRA 702 – Civil Law – Persons and Family Relations – Marriage – Bigamy – Non-existent marriage In September 1979, Benjamin Bangayan, Jr. married Azucena Alegre. In 1982, while Alegre was outside the Philippines, Benjamin developed a romantic relationship with Sally […]
G.R. No. 157917 – 693 Phil. 373 – 679 SCRA 208 – Mercantile Law – Transportation Law – Common Carrier – Private School Transport are Common Carriers Civil Law – Torts and Damages – Heirs of a high school student may be awarded damages for loss income In June 1996, […]
G.R. No. 127181 – 416 Phil. 774 – 364 SCRA 375 – Mercantile Law – Corporation Law – Veil of Corporate Fiction – Corporate Name In 1980, ECO Management Corporation (ECO) obtained loans amounting to about P26 million from Land Bank. ECO defaulted in its payment but in 1981, ECO […]