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SERVICE, INC.
- versus PHOENIX ASSURANCE COMPANY OF NEW
YORK/MCGEE & CO., INC
G.R. No. 162467
May 8, 2009
Tinga, J.:
FACTS:
AIR FRANCE,
- versus RAFAEL CARRASCOSO and the HONORABLE
COURT OF APPEALS,
G.R. No. L-21438
September 28, 1966
Sanchez, J.:
FACTS:
On March 28, 1958, the defendant, Air
France, through its authorized agent, Philippine Air
Lines, Inc., issued to plaintiff a "first class" round trip
airplane ticket from Manila to Rome. Rafael
Carrascoso was one of the 48 Filipino pilgrims who
left Manila for Lourdes. However, at Bangkok, the
Manager of the defendant airline forced plaintiff to
vacate the "first class" seat that he was occupying
because, in the words of the witness Ernesto G.
Cuento, there was a "white man", who, the Manager
alleged, had a "better right" to the seat. When asked to
vacate his "first class" seat, the plaintiff, as was to be
expected, refused, and told defendant's Manager that
his seat would be taken over his dead body; a
commotion ensued, and, according to said Ernesto G.
Cuento, "many of the Filipino passengers got nervous
in the tourist class; when they found out that Mr.
Carrascoso was having a hot discussion with the
white man [manager], they came all across to Mr.
Carrascoso and pacified Mr. Carrascoso to give his
seat to the white man".
ISSUE:
ISSUE:
HELD:
In the early morning of 15 November 1975 at about 1:30 a.m. Leonardo Dionisio was on his way
home from a cocktails-and-dinner meeting with his
boss, the general manager of a marketing corporation.
Dionisio was driving his Volkswagen car and was
proceeding down General Lacuna Street, when his car
headlights (in his allegation) suddenly failed. He
switched his headlights on "bright" and thereupon he
saw a Ford dump truck looming some 2-1/2 meters
away from his car. The dump truck, owned by and
registered in the name of petitioner Phoenix
Construction Inc. was parked on the right hand side
of General Lacuna Street facing the oncoming traffic.
in such a manner as to stick out onto the street, partly
blocking the way of oncoming traffic. There were no
lights nor any so-called "early warning" reflector
devices set anywhere near the dump truck, front or
rear.
The dump truck was parked askew, Dionisio
claimed that he tried to avoid a collision by swerving
his car to the left but it was too late and his car
smashed into the dump truck. As a result of the
collision, Dionisio suffered some physical injuries
including some permanent facial scars, a "nervous
breakdown" and loss of two gold bridge dentures. The
dump truck had earlier that evening been driven
home by petitioner Armando U. Carbonel, its regular
driver, with the permission of his employer Phoenix,
in view of work scheduled to be carried out early the
following morning.
Dionisio commenced an action for damages
in the Court of First Instance of Pampanga (which
rendered judgment in favor of Dionisio and against
Phoenix and Carbonel) basically claiming that the
legal and proximate cause of his injuries was the
negligent manner in which Carbonel had parked the
dump truck entrusted to him by his employer
Phoenix.
ISSUE:
HELD:
YES, Del Rosarios negligence as the direct
and proximate cause of the injuries suffered by
respondent Stephen Huang. Del Rosario failed to do
what a reasonable and prudent man would have done
under the circumstances, and it is highly improbable
that the car swerved since it would not have leaped
across the other lane if that would have occurred.
We now come to the liability of petitioner
Mercury Drug as employer of Del Rosario. In the case
of petitioner Del Rosario, however he took the
driving tests and psychological examination when he
applied for the position of Delivery Man, but not
when he applied for the position of Truck Man.
Further, no tests were conducted on the motor skills
development, perceptual speed, visual attention,
depth visualization, eye and hand coordination and
steadiness of petitioner Del Rosario. No NBI and
police clearances were also presented. Lastly,
petitioner Del Rosario attended only three driving
seminars . In effect, the only seminar he attended
before the accident which occurred in 1996 was held
twelve years ago in 1984.
Petitioner Mercury Drug likewise failed to
show that it exercised due diligence on the
supervision and discipline over its employees. In fact,
on the day of the accident, petitioner Del Rosario was
driving without a license.
**He was holding a TVR for reckless driving. He
testified that he reported the incident to his superior,
JOSEPH SALUDAGA,
- versus FAR EASTERN UNIVERSITY and EDILBERTO C.
DE JESUS in his capacity as President of FEU,
[G.R. No. 179337, April 30, 2008]
YNARES-SATIAGO, J.:
FACTS:
FACTS:
ISSUE:
FACTS:
In the morning of 8 January 1977, in Pulong
Pulo Bridge along MacArthur Highway, a head-oncollision took place between an International cargo
truck, Loadstar (owned by JAIME TAYAG and
ROSALINDA MANALO) and driven by Ruben
Galang and a Ford Escort car driven by Jose Koh.
The collision resulted in the deaths of Jose Koh, Kim
Koh McKee and Loida Bondoc, and physical injuries
to George Koh McKee, Christopher Koh McKee and
Araceli Koh McKee, all passengers of the Ford Escort.
ISSUE:
London, Jalbuena was chosen to be left behind. PANAM's officials could only explain by saying there was
"some mistake". Jalbuena thereafter wrote PAN-AM to
protest the incident
PRECIOLITA V. CORLISS,
- versus THE MANILA RAILROAD CO.,
[G.R. No. L-21291, March 28, 1969]
FERNANDO, J.:
FACTS:
LIBI
FACTS:
ISSUE:
Whether or not Adelberto Bundoc's
voluntary act of shooting Jennifer Tamargo gave rise
to liability on quasi-delict against him. as Article 2176
of the Civil Code provides.
HELD:
YES, provided that the civil liability upon the
father and, in case of his death or incapacity, the
mother, for any damages that may be caused by a
minor child who lives with them according to Article
2180 of the Civil Code. The shooting of Jennifer by
Adelberto with an air rifle occured when parental
authority was still lodged in respondent Bundoc
spouses, the natural parents of the minor Adelberto.
SOFIA M. GUILLANG,
- versus RODOLFO BEDANIA
and RODOLFO DE
SILVA,
[G.R. No. 162987, May 21, 2009]
CARPIO, J.:
FACTS:
On 25 October 1994, at about 5:45 in the
afternoon, Genaro M. Guillang was driving his brand
new Toyota Corolla GLI sedan along Emilio
Aguinaldo Highway in Cavite. Rodolfo A. Bedania
was driving a ten-wheeler Isuzu cargo truck towards
Tagaytay City. The truck was owned by respondent
Rodolfo de Silva. Along the highway and the road
leading to the Orchard Golf Course, Bedania
negotiated a U-turn. When the truck entered the
opposite lane of the highway, Genaros car hit the
right portion of the truck. The truck dragged
Genaros car some five meters to the right of the road.
As a consequence, all the passengers of the car
were rushed to the De La Salle University Medical
Center in Dasmarias, Cavite for treatment. Because
of severe injuries, Antero was later transferred to the
Philippine General Hospital. However, on 3
November 1994, Antero died due to the injuries he
sustained from the collision. The car was a total wreck
while the truck sustained minor damage. On 24 April
Tanjangcos.
ISSUE:
Whether or not Mercury Drug is liable for
the injuries suffered by Raul De Leon.
HELD:
YES, The proximate cause of the ill fate of De
Leon was defendant Aurmela Ganzon's negligent
exercise of said discretion. She gave a prescription
drug to a customer who did not have the proper form
of prescription, she did not take a good look at said
prescription, she merely presumed because it was the
only one available in the market and she further
presumed that by merely putting the drug by the
counter wherein plaintiff looked at it, paid and took
the drug without any objection meant he understood
what he was buying. Mercury Drug and Ganzon can
not exculpate themselves from any liability. As active
players in the field of dispensing medicines to the
public, the highest degree of care and diligence is
expected of them.
In cases where an injury is caused by the
negligence of an employee, there instantly arises a
presumption of law that there has been negligence on
the part of the employer, either in the selection or
supervision of one's employees. Mercury Drug and
Ganzon have similarly failed to live up to high
standard of diligence expected of them as pharmacy
professionals. They were grossly negligent in
dispensing ear drops instead of the prescribed eye
drops to De Leon. Worse, they have once again
attempted to shift the blame to their victim by
underscoring his own failure to read the label.