G.R. No. 208293 – G.R. No. 208295 – Civil Law – Torts and Damages – Negligence – Diligence Required of a Bank; Extraordinary Diligence In 1991, Angel C. Santos died. In 1996, his heirs (Carmelita Santos, Reyme Santos, Angel L. Santos, and Noneng Dianco) went to the Philippine National Bank […]
Torts and Damages
53 posts
G.R. No. 209906 – 821 Phil. 468 – Civil Law – Torts and Damages – Article 2187 – Strict Liability Torts – Product Liability Tort – Exhaustion of Administrative Remedy Not Required Moral Damages – Exemplary Damages – When granted in strict liability tort cases In 1995, Ernani Meñez ordered […]
G.R. No. 172682 – 798 SCRA 459 – Civil Law – Torts and Damages – Article 1759 – Common Carriers – Liability of Employers; Liability of Vehicle Owners – Extraordinary Diligence – Fortuitous Event; when not available as a defense In September 1998, despite the bad weather, the M/V Princess […]
G.R. No. 160110 – 726 SCRA 505 – Civil Law – Torts and Damages – Article 2180 – Liability of Employers – Liability of Vehicle Owners – Motor Vehicle Registration Act Mariano Mendoza was driving a Mayamy Transportation bus when he hit an elf truck. Apparently, Mendoza encroached upon the […]
G.R. No. L-21512 – 124 Phil. 516 – 17 SCRA 1088 – Civil Law – Torts and Damages – Quasi-Delict – Persons Liable One morning in June 1955, Aser Lagunda was driving a truck going up an uphill road in Lumban, Laguna. His truck was not carrying any cargo but […]
G.R. No. 189871 – 703 SCRA 439 – Civil Law – Torts and Damages – Actual and Compensatory Damages – Legal Rate of Interest is 6% per annum Labor Law – Post-Employment – Illegal Dismissal – Computation of Monetary Benefits Dario Nacar filed a labor case against Gallery Frames and […]
G.R. No. L-7817 – 100 Phil 168 – Civil Law – Torts and Damages – Obligations arising from human relations Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CALI offered its C-54 plane as payment to Shell Company (the plane was in California) but Shell at that […]
G.R. No. L-12219 – 37 Phil. 809 – Civil Law – Torts and Damages – Doctrine of Last Clear Chance In December 1912, Amado Picart was riding his horse and while they were on a 75 meter long bridge, he saw Frank Smith Jr.’s car approaching. Smith blew his horn thrice […]
G.R. No. L-12986 – 16 SCRA 448 – Civil Law – Torts and Damages – Res Ipsa Loquitur In March 1948, in Rizal Avenue, Manila, a tank truck was hosing gasoline into the underground storage of Caltex. Apparently, a fire broke out from the gasoline station and the fire spread and […]
G.R. No. L-21486 – 17 SCRA 22 – Civil Law – Torts and Damages – Negligence; Tire blow out is not a fortuitous event In October 1959, Lolita de Jesus was riding a bus owned by La Mallorca and Pampanga Bus Company which had a head on collision against a freight […]
G.R. No. L-7760 – 28 Phil. 122 – Civil Law – Torts and Damages – Drunkenness is not Negligence per se In August 1909, E.M. Wright was driving his calesa going home. He had drunk more wine than he customarily does. Before he could be home, he would have to cross […]
G.R. No. L-20322 – 38 SCRA 899 – Civil Law – Torts and Damages – Liability of the State for acts of special agents In April 1960, a certain Ildefenso Ortiz sued the Irrigation Service Unit (ISU) which was under the Department of Public Works because ISU, without the consent of […]
G.R. No. L-47033 – 72 Phil. 14 – Civil Law – Torts and Damages – Liability of proprietors Jose Dingcong was the owner of a hotel in Iloilo. In 1933, a certain Francisco Echevarria rented a room in the upper floor of the hotel. The room he rented was immediately above […]
G.R. No. L-23052 – 22 SCRA 267 – Civil Law – Torts and Damages – Liability of municipal corporations in certain cases General Principles – General Law vs Special Law – A Special Law may contain General Laws and Vice Versa One day in January 1958, at about 8pm, Genaro Teotico […]
G.R. No. L-9010 – 27 Phil. 374 – Civil Law – Torts and Damages – Liability of owners of motor vehicles The facts of the case took place in the 1910’s. J.H. Chapman visited a friend in Santa Ana and while he was about to ride a vehicle to take him […]
G.R. No. L-2075 – 85 Phil. 67 – Civil Law – Torts and Damages – Liability of possessors or users of animals – Assumption of Risk Loreto Afialda was a caretaker of the carabaos owned by Basilio Hisole. In March 1947, without any fault from Afialda or any force majeure, one […]