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?

Posted on March 8, 2015 by Erineus

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 →

Posted in Due Process, Labor Law, Torts and Damages | Tagged , , | Leave a comment

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

Posted on July 18, 2014 by Erineus

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 →

Posted in Negligence, Obligations and Contracts, Torts and Damages | Tagged | 1 Comment

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

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.