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
60 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 – 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 […]
A concubine or a paramour, often called a homewrecker, may be sued for damages for taking away a husband or a wife away from their spouse and their children. This is other than their respective criminal liability, if any, together with the erring spouse. The basis for the damage suit […]
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 […]
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 […]
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 […]