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 […]
Torts and Damages
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 […]
G.R. No. L-11154 – 34 Phil. 311 – Civil Law – Torts and Damages – Liability of the State for acts of special agents Political Law – Non-Suability of the State – Waiver of Non-Suability is Not Admission of Liability The facts of the case took place in the 1910’s. […]
G.R. No. L-29025 – 41 SCRA 548 – Civil Law – Torts and Damages – Liability of teachers/heads of establishments of arts and trades In March 1966, while Dominador Palisoc (16 years old) was watching Virgilio Daffon and Desiderio Cruz work on a machine in their laboratory class in the Manila […]
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 were […]
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 subject […]
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 doing […]
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 owned […]
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 latter […]
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 (MWD). […]
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 arrangement, […]
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 Marquez […]