G.R. No. 208293 – G.R. No. 208295 – 749 Phil. 948 – 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 […]
Torts and Damages
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 – 791 Phil. 409 – 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 […]
G.R. No. 160110 – 736 Phil. 460 – 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, […]
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. 79578 – 195 SCRA 147 – Civil Law – Torts and Damages – Award of Exemplary Damages In January 1983, the spouses Flores and Minerva Timan sent a telegram to their relatives Mr. and Mrs. Midoranda to express their condolences to the latter spouses. The Timans used the […]
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-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 […]
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 […]
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. 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. 70890 – 214 SCRA 16 – Civil Law – Torts and Damages – Vicarious Liability of Parents – Murder-Suicide of Minor Lovers Since about 1976, minors Julie Ann Gotiong and Wendell Libi were lovers. In December 1978, Julie Ann decided to break up with Wendell because the latter […]
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 […]