Category Archives: Torts and Damages

What damage can be demanded by the employee due to employer’s failure to follow the procedural requirement of two-notice rule?

Having found that respondents are regular employees who may be, however, dismissed for cause as we have so found in this case, there is a need to look into the procedural requirement of due process in Section 2, Rule XXIII, … Continue reading

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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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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

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

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

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

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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

Posted in Civil Liability, Contract of Carriage, Criminal Liability, Obligations and Contracts, Torts and Damages | Tagged

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. the claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicated on a source of obligation other than delict

We note, first off, that the death of Angeles and of Mayor Comendador during the pendency of the case extinguished their criminal liabilities.           We now hold, as did the Sandiganbayan that the civil liability of Mayor Comendador survived his … Continue reading

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The law imposes on banks a high degree of obligation to treat the accounts of its depositors with meticulous care, always having in mind the fiduciary nature of banking

 The foregoing testimonies of PCIB officers clearly show that not only did PCIB fail to give prior notice to Gonzales about the Offering Ticket for the process of termination, suspension, or revocation of the credit line under the COHLA, but … Continue reading

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