Category Archives: Contract of Carriage

To enable an injured party to recover actual or compensatory damages, he is required to prove the actual amount of loss with reasonable degree of certainty premised upon competent proof and on the best evidence available

Posted on February 27, 2012 by Erineus

As to the amount of the damages awarded by the CA, petitioner claims that it is not in accord with the evidence on record. It explained that the amounts used in computing for compensatory damages were based mainly on the … Continue reading →

Posted in Burden of Proof, Contract of Carriage, Driving, Torts and Damages | Tagged | Leave a comment

As the negligence of the employee gives rise to the presumption of negligence on the part of the employer, the latter has the burden of proving that it has been diligent not only in the selection of employees but also in the actual supervision of their work

Posted on February 27, 2012 by Erineus

Petitioner asserts that it had submitted and presented during trial, numerous documents in support of its claim that it had exercised the proper diligence in both the selection and supervision of its employees. Among those proofs are documents showing Mejia’s … Continue reading →

Posted in Burden of Proof, Contract of Carriage, Driving | Tagged | Leave a comment

Section 55 of RA 4136-A provides for the duty of the driver in case of accident

Posted on February 27, 2012 by Erineus

SEC. 55 Duty of driver in case of accident. – In the [event] that any accident should occur as a result of the operation of a motor vehicle upon a highway, the driver shall stop immediately, and, if requested by … Continue reading →

Posted in Contract of Carriage, Driving | Tagged | Leave a comment

The formula generally used by the courts to determine net earning capacity

Posted on February 24, 2012 by Erineus

The denial by the CA of the heirs’ claim for lost earnings is unwarranted             Going now to the petition filed by the heirs, we note at the outset that the issues of whether the CA erred in deleting the … Continue reading →

Posted in Contract of Carriage, Torts and Damages | Tagged | Leave a comment

A ruling on the culpability of the offender will have no bearing on said independent civil action based on an entirely different cause of action, i.e., culpa contractual.

Posted on February 24, 2012 by Erineus

The acquittal of Padilla in the criminal case is immaterial to the instant case for breach of contract This thus now leaves us with the remaining issue raised by G & S, that is, whether the CA gravely erred in … Continue reading →

Posted in Civil Liability, Contract of Carriage, Criminal Liability, Obligations and Contracts, Torts and Damages | Tagged | Comments Off on A ruling on the culpability of the offender will have no bearing on said independent civil action based on an entirely different cause of action, i.e., culpa contractual.