Category Archives: Obligations and Contracts

Definition and Elements of Negligence; Negligence and Proximate Cause of the Accident

Negligence has been defined as the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.[34] The elements of simple … Continue reading

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Subrogation Defined

Article 2207 of the Civil Code reads: Art. 2207. If the plaintiff’s property has been insured and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained … Continue reading

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Implied Trust in Mortgage Contracts

An implied trust arising from mortgage contracts is not among the trust relationships the Civil Code enumerates.14 The Code itself provides, however, that such listing “does not exclude others established by the general law on trust x x x.”15 Under … Continue reading

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Solidary liabilities may at times be incurred by the directors and officers of the corporation but only when exceptional circumstances warrant

Lastly, we deem it imperative to resolve the question of whether Grandteq’s officers, who are co-petitioners herein, are solidarily liable with the company. There is solidary liability when the obligation expressly so states, when the law so provides, or when … Continue reading

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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.

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

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