G.R. No. 157984 – 478 Phil. 48 – 434 SCRA 38 – Criminal Law – Aggravating Circumstances – Cruelty – Number of Stab Wounds On February 10, 1980 at about 8pm, Moises Simangan and four other men wearing fatigues knocked on the door of the store owned by Ernesto Flores […]
Howard
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G.R. No. 115215 – 373 Phil. 283 – 314 SCRA 505 – Criminal Law – Book I – Aggravating Circumstance – Use of Motor Vehicle On August 8, 1993, Elizalde Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead […]
G.R. No. 140420 – 404 Phil. 586 – 351 SCRA 73 – Civil Law – Article 19 – Abuse of Rights – Damnum Absque Injuria In 1965, Atty. Sergio Amonoy represented Alfonso Fornilda (also spelled Formida) in a partition case. Since Fornilda had no money to pay, he agreed to […]
G.R. No. 9331 – 101 Phil. 947 – 54 O.G. 1831 – Civil Law – Torts and Damages – Employer Liable for Damages Caused by Employee Although not Engaged in Business or Industry In December 1953, Segundino Estanda was driving the Studebaker Sedan car owned by Conrado Echarri when he […]
G.R. No. L-10073-75 – 33 Phil. 11 – Civil Law – Torts and Damages – Liability of Employers In January 1913, Butaro Yamada et al hired a taxi owned and operated by Bachrach Garage & Taxicab Co. so that they may travel to Cavite Viejo. The trip was safe going […]
G.R. No. 120706 – 381 Phil. 90 – 324 SCRA 85 – Civil Law – Torts and Damages – Human Relations – Article 26 – “Human Personality Exalted By Laws” The spouses Nestor and Allem Nicolas were the lessees of Florence Concepcion. The spouses were engaged in an office supply […]
G.R. No. 141536 – 405 Phil. 413 – 352 SCRA 738 – Civil Law – Conflict of Laws – Processual Presumption – Forum Non Conveniens Remedial Law – Civil Procedure – Rule 34 – Summary Judgment Gil Miguel Puyat, a foreigner, lost a collection suit filed against him by Ron […]
G.R. No. L-20089 – 120 Phil. 1440 – 12 SCRA 648 – Civil Law – Torts and Damages – Article 21 of the Civil Code – Moral Damages – Exemplary Damages – Breach of Promise to Marry In 1954, Francisco Velez and Beatriz Wassmer planned their marriage. They decided to […]
G.R. No. L-32774 – 55 Phil. 18 – Civil Law – Torts and Damages – Liability of Employers Antonio Ora was the owner of a truck which transports lumbers owned by Norton & Harrison Co. Ora employed two minors as his helpers in securing the lumbers from the lumberyard. […]
G.R. No. 116100 – 323 Phil. 575 – 253 SCRA 483 – Civil Law – Torts and Damages – Damnum Absque Injuria – Actionable Wrong Law on Property – Right of WayPacifico Mabasa owns a property behind the properties of spouses Cristino and Brigida Custodio and spouses Lito and Ma. […]
G.R. No. L-46179 – 171 Phil. 418 – 81 SCRA 472 – Civil Law – Torts and Damages – Double Recovery of Civil Liability In September 1975, Maximo Borilla was driving a jeep when he hit Arsenio Virata thereby causing the latter’s death. The heirs of Virata sued Borilla through […]
G.R. No. L-44748 – 227 Phil. 619 – 143 SCRA 657 – Civil Law – Torts and Damages – Human Relations – Article 19 and 20 of the Civil Code – Negligence Loreto Dionela received a telegram via the Radio Communications of the Philippines, Inc. (RCPI). However, at the end […]
G.R. No. L-60859 – 204 Phil. 781 – 119 SCRA 461 – Civil Law – Torts and Damages – Moral Damages Globe McKay Cable and Radio Corporation failed to deliver to spouses George and Olga Barrios a cablegram from Mercy Hospital, Buffalo, New York admitting Olga for a rotating internship […]
G.R. No. 97336 – 219 SCRA 115 – Civil Law – Torts and Damages – Breach of promise to Marry – Article 21 of the Civil Code In August 1986, while working as a waitress in Dagupan City, Pangasinan, Marilou Gonzales, then 21 years old, met Gashem Shookat Baksh, a 29 […]
G.R. No. L-14628 – 109 Phil. 629 – Civil Law – Torts and Damages – Breach of Promise to Marry Not An Actionable Wrong Per Se- Moral Damages In 1950, Soledad Cagigas, 33 years old (then a school teacher, later she became an insurance underwriter), and Francisco Hermosisima, 23 years old […]
G.R. No. 116384 – 381 Phil. 775 – 324 SCRA 770 – Civil Law – Torts and damages – Moral and Exemplary Damages Labor Law – Post-Employment – Termination of Employment – Abandonment of Work – Illegal Dismissal Viola Cruz was hired and employed by Norkis Distributors, Inc. as cashier/bookkeeper […]