Académique Documents
Professionnel Documents
Culture Documents
CASE DIGESTS:
CASES 2
Facts:
On October 4, 1985, The Philippine Agricultural Trading
Corporation shipped on board MV Prince Eric, which was owned
by petitioner Khe Hong Chong, 3400 bag of copra. The said
bags were insured by American Home Insurance Company.
Issue:
Decision:
- - - x x x - - -
- - - x x x - - -
CASES
YASOA VS DE RAMOS
GR No. 156339
Ponente: Justice Renato Corona
Facts:
Aurea Yasoa asked for financial assistance from
Jovencio De Ramos to pay her indebtedness to PNB. Jovencio
agreed on the premise that Aurea would sell half of her
properties to him.
Issue:
Whether or not the damage award for malicious
prosecution was proper?
Decision:
Yes. In this jurisdiction, the term malicious
prosecution has been defined as an action for damages brought
by one against whom a criminal prosecution, civil suit, or
other legal proceeding has been instituted maliciously and
without probable cause, after the termination of such
prosecution, suit, or other proceeding in favor of the
defendant therein. To constitute malicious prosecution, there
must be proof that the prosecution was prompted by a sinister
design to vex or humiliate a person, and that it was
initiated deliberately by the defendant knowing that his
charges were false and groundless. Concededly, the mere act
UYPITCHING VS QUIAMCO
GR No. 146322
Ponente: Justice Renato Corona
Issue:
Whether or not the petitioner is liable for damages?
Decision:
Yes. Petitioner corporation failed to bring the
proper civil action necessary to acquire legal possession of
the motorcycle. Instead, petitioner Uypitching descended on
respondent’s establishment with his policemen and ordered the
seizure of the motorcycle without a search warrant or court
Art. 19. Every person must in the exercise of his rights and
in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
CASES
8
PHILIPPINE SCHOOL OF BUSINESS ADMINISTRATION VS COURT OF
APPEALS
GR No. 84698
Ponente: Justice Teodoro Padilla
Facts:
A stabbing incident inside the PSBA campus caused the
death of Carlito Bautista, a 3rd year commerce student of
PSBA. The assailants though were elements from outside the
premises of PSBA.
Issue:
Whether or not the school is liable for Bautista’s
death?
Decision:
It depends. When an academic institution accepts
students for enrollment, there is established a contract
between them, resulting in bilateral obligations which both
parties are bound to comply with. For its part, the school
undertakes to provide the student with an education that
would presumably suffice to equip him with the necessary
tools and skills to pursue higher education or a profession.
On the other hand, the student covenants to abide by the
school's academic requirements and observe its rules and
regulations.
- - - x x x - - -
- - - x x x - - -
- - - x x x - - -
Facts:
John Robb made a business trip to Shanghai, China to
study the operation of a dog-racing course. There, he met A.O 10
Fisher who was a manager of a dog-racing course. The latter
become interested in investing at the Philippine Greyhound
Club where Robb was connected. Fisher then subscribed and
sent P3,000 as installment of his subscription.
Issue:
Whether or not Fisher may recover from Robb what he
has paid to the Greyhound Club?
Decision:
No. Article 1261 provides that here is no contract
unless the following requisites exists:
- - - x x x - - -
- - - x x x - - -
Facts:
Manuel De Guia boarded a street car owned and
operated by the defendant company. The car was detailed,
causing him to sustain internal injuries. De Gula filed a
complaint against the company for breach of contract of
carriage.
Issue:
Whether or not the company is liable for the acts of
the motorman?
Decision:
Yes. Even supposing that the derailment of the car
was due to the accidental presence of such a stone as
suggested, we do not think that the existence of negligence
is disproved. The motorman says that upon approaching the
switch he reduced the electrical energy to the point that the 13
car barely entered the switch under its own momentum, and
this operation was repeated as he passed out. Upon getting
again on the straight tract he put the control successively
at points one, two, three and lastly at point four. At the
moment when the control was placed at point four he perceived
that the rear wheels were derailed and applied the brake; but
at the same instant the car struck the post, some 40 meters
distant from the exit of the switch. One of the defendant's
witnesses stated in court that the rate of a car propelled by
electricity with the control at point "four" should be about
five or 6 miles per hour. There was some other evidence to
the effect that the car was behind schedule time and that it
was being driven after leaving the switch, at a higher rate
than would ordinarily be indicated by the control at point
four. This inference is rendered more tenable by the
circumstance that the car was practically empty. On the
whole, we are of the opinion that the finding of negligence
in the operation of the car must be sustained, as not being
clearly contrary to the evidence; not so much because of
excessive speed as because of the distance which the car was
allowed to run with the front wheels of the rear truck
derailed. It seems to us than an experienced and attentive
motorman should have discovered that something was wrong and
would have stopped before he had driven the car over the
entire distance from the point where the wheels left the
track to the place where the post was struck.
Facts:
PADCOM acquired a lot owned by Tierra Development
Corporation. Under the deed of sale, the transferee and its
successor-in-interested must become members of an association
for reality owners in the area.
Decision:
Yes. It is undisputed that when the land in question
was bought by PADCOM's predecessor-in-interest, TDC, from
OCLP, the sale bound TDC to comply with automatic membership
with the association.
- - - x x x - - -
- - - x x x - - -
- - - x x x - - -
- - - x x x - - -
- - - x x x - - -
- - - x x x - - - 16
Facts:
Spouses Luigi and Anna Hernandez-Guanio booked their
wedding reception at the Makati Shangri-La Hotel. During the
reception, the hotel’s representatives did not show up
despite their assurance that they would there was a delay in
the service of the dinner certain items listed in the menu
were unavailable, the waiters were rude and unapologetic when
confirmed about the delay and that the open bar agreement did
not materialize, forcing the guests to pay for their drinks.
Issue:
Whether or not the hotel is liable for damages for
breach of contract?
Decision:
Yes. The respondent could have managed the
"situation" better, it being held in high esteem in the hotel
and service industry. Given respondent's vast experience, it
Facts:
TSPIC Corporation and the TSPIC Empoloyees Union
entered into a collective bargaining agreement which includes
provisions on salary adjustments. Among the pertinent
provisions of the agreement were as follows:
Issue:
Whether or not the act of TSPIC in deducting the
overpaid salary constitutes diminution of benefits?
Decision:
No. There is diminution of benefits when it is shown
that: (1) the grant or benefit is founded on a policy or has
ripened into a practice over a long period; (2) the practice
is consistent and deliberate; (3) the practice is not due to
error in the construction or application of a doubtful or
difficult question of law; and (4) the diminution or
discontinuance is done unilaterally by the employer.
- - - x x x - - -
- - - x x x - - -
Facts:
Petitioner Khristine Rea M. Regino was a first year
computer science student at Respondent Pangasinan Colleges of
Science and Technology (PCST). Reared in a poor family,
Regino went to college mainly through the financial support
of her relatives. During the second semester of school year
2001-2002, she enrolled in logic and statistics subjects
under Respondents Rachelle A. Gamurot and Elissa Baladad,
respectively, as teachers.
Issue:
Whether or not Pangasinan College is liable for
breach of contract? 21
Decision:
No. The school-student relationship is also
reciprocal. Thus, it has consequences appurtenant to and
inherent in all contracts of such kind - - it gives rise to
bilateral or reciprocal rights and obligations. The school
undertakes to provide students with education sufficient to
enable them to pursue higher education or a profession. On
the other hand, the students agree to abide by the academic
requirements of the school and to observe its rules and
regulations.
Issue:
Whether or not the respondent is obliged to return
the P924,000 representing the accrued interest?
Decision:
Yes. In justifying the withholding of the amount of
P924,000.00 representing interest due of the unpaid
installments, both the trial and the appellate court relied
Facts:
Leung Ben lost in a series of gambling games to
O’Brien. The latter filed a case for collection of money
representing his earnings. When Leung Ben was about to depart
from the Philippines, O’Brien sought for the issuance of writ
of attachment which the sheriff granted.
Issue:
Whether or not money claims arising from winnings in
a gambling game can be actionable?
Decision:
No. Money lost in gaming and voluntarily paid by the
loser to the winner cannot in the absence of statue, be
recovered in a civil action.
CASES
Facts:
Rogelio Bayotas was convicted of the crime of rape.
Pending appeal of his conviction, he died. Consequently, the
Supreme Court dismissed the criminal aspect of the appeal but
is required the Solicitor General to comment with regards to
Bayotas’ civil liability.
Issue:
Whether or not a convict’s death pending the appeal
of his case extinguishes his civil liability?
Decision:
Yes. 1. Death of the accused pending appeal of his
conviction extinguishes his criminal liability as well as the
civil liability based solely thereon. As opined by Justice
Regalado, in this regard, "the death of the accused prior to
final judgment terminates his criminal liability and only the
civil liability directly arising from and based solely on the
offense committed, i.e., civil liability ex delicto in senso
strictiore."
CASES
BARREDO VS GARCIA
GR No. L-48006
Ponente: Justice Jorge Bocobo
Facts:
A head-on collision between a carretella and a Taxi 27
of Malate Taxicab occurred, causing the death of Faustino
Garcia. A criminal action was filed against Pedro Fontanilla,
the taxicab driver. Fontanilla was convinced of reckless
imprudence but the civil aspect of the case was reserved for
a separate trial.
Issue:
Whether or not Barredo is liable for damages?
Decision:
Yes. The same negligent act may produce civil
liability arising from a crime or create an action for quasi-
delict.
- - - x x x - - -
Facts:
A three way collision happened between a truck owned
by Felino Timbol, and driven by Freddie Montoya, a jeep owned
and driven by Rodolfo Salazar and a Mercedes Benz owned and
driven by petitioner Edgardo Mendoza.
Issue:
Whether or not the complaints for damages will
prosper?
Decision:
Yes in the case of Timbol. Mendoza’s complaint was
based on quasi – delict and as such Mendoza is not bared from
instituting a separate civil action even if the same was not
reserved in the previous criminal action.
Facts:
A cargo truck driven by Domingo Pontino and owned by 29
Cordova Ng Sun Kwan bumped a jeep which Rogelio, a six-year
old son of petitioners was riding. As a result, the boy died.
Subsequently, a criminal case was filed against the driver
Domingo Pontino. The institution finding that the plaintiff…
is finally terminated.
Issue:
Whether or not reservation of the civil action in a
criminal case precludes the petitioner from filing a civil
action for quasi-delict?
Decision:
No. In cases of negligence, the injured party or his
heirs has the choice between an action to enforce the civil
liability arising from crime under Article 100 of the Revised
Penal Code and an action for quasi- delict under Article
2176-2194 of the Civil Code. If a party chooses the latter,
he may hold the employer solidarity liable for the negligent
act of his employee, subject to the employer's defense of
exercise of the diligence of a good father of the family.
In the case at bar, the action filed by appellant was an
action for damages based on quasi-delict. The fact that
appellants reserved their right in the criminal case to file
an independent civil action did not preclude them from
choosing to file a civil action for quasi-delict.
CASES
Facts:
Sometime in July 1963, plaintiff Rosendo Chaves
delivered to defendant Fructoso Gonzales a typewriter for
some routine cleaning and servicing. However, after being
exasperated of the delay, plaintiff went to defendant’s house
Issue:
Whether or not Gonzales is liable for the
reimbursement of the cost of the repair of the typewriter?
Decision:
Yes. Defendant cannot invoke Article 1197 of the
Civil Code for he virtually admitted non-performance by
returning the typewriter that he was obliged to repair in a
non-working condition, with essential parts missing. The
fixing of a period would thus be a mere formality and would
serve no purpose than to delay.It is clear that the
defendant-appellee contravened the tenor of his obligation
because he not only did not repair the typewriter but
returned it "in shambles", according to the appealed
decision. For such contravention, as appellant contends, he
is liable under Article 1167 of the Civil Code. jam quot, for
the cost of executing the obligation in a proper manner.
CASES
Facts:
On December 19, 1990, Ignacio’s Wife died. In order
to fulfill his wife’s last wish to be interned before
Christmas Day, Ignacio inquired about the availability of
construction materials for his wife’s tomb at respondent’s
store. He was informed by the storekeeper that she still had
to be effected the following day.
prompting him to dismiss employees for the day and cancel his
transaction with the store.
The construction began on December 23 but because of
the holidays, it could not be completed in time for the
scheduled burial the next day. As a result. Ignacio’s wife
way buried 2½ days behind schedule.
32
Tormented perhaps by his inability to perform his
wife’s dying wish, Ignacio wrote respondent to recompense him
for the damage he suffered. Respondent refuses, arguing that
there was no specific time of delivery agreed upon.
Issue:
Whether or not respondent is liable for damages?
Decision:
Yes.Respondent Angelito Alviar was negligent and
incurred in delay in the performance of his contractual
obligation. This sufficiently entitles petitioner Ignacio
Barzaga to be indemnified for the damage he suffered as a
consequence of delay or a contractual breach. The law
expressly provides that those who in the performance of their
obligation are guilty of fraud, negligence, or delay and
those who in any manner contravene the tenor thereof, are
liable for damages.
- - - x x x - - -
- - - x x x - - -
Facts:
Guillermo Uy assigned his receivables from PNEI to
respondent Gerardo Uy. The latter then filed a collection
suit against PNEI to respondent with a prayer for a writ of
preliminary attachment. The sheriff issued a notice of
garnishment to PNB Madecor for all the properties of PNEI
that are in possession of the said bank.
Issue:
Whether or not legal compensation is proper?
Decision:
No. Legal compensation requires the concurrence of
the following conditions:
- - - x x x - - -
- - - x x x - - -
- - - x x x - - -
Facts:
Hermogenes Fernado and respondent Carmelita Leaño
executed a contract to sell with Fernando as vendor and Leaño
as vendee of a piece of land.
Issue:
Whether or not Leaño was in default despite the fact
that the 10-year period within which to pay was not yet
elapsed?
Decision:
Yes. While the contract provided that the total
purchase price was payable within a ten-year period, the same
contract specified that the purchase price shall be paid in
monthly installments for which the corresponding penalty
Facts:
Respondents, under the name and style of R.M chicks,
entered into a contract with petitioner ASJ corporation for
the incubation of broiler eggs.
Issue:
Whether or not the retention of the chicks and by-
products by San Juan was justified?
Decision:
To begin with, petitioners’ obligation to deliver the
chicks and by-products corresponds to three dates: the date
of hatching, the delivery/pick-up date and the date of
respondents’ payment. On several setting reports, respondents
made delays on their payments, but petitioners tolerated such
delay. When respondents’ accounts accumulated because of
their successive failure to pay on several setting reports,
petitioners opted to demand the full settlement of
respondents’ accounts as a condition precedent to the
delivery. However, respondents were unable to fully settle
their accounts.
Facts: 38
La Ville commercial entered into a contract of lease
with herein petitioner Cosmo Entertainment involving a parcel
of land owned by the farmer.
Issue:
Whether or not the ejectment and unlawful detainer
case was proper?
Decision:
Yes. In any case, the Court is convinced that the
findings and conclusions of the court a quo and the RTC are
in order. These courts uniformly found that, under the terms
of the contract of lease, the respondent, as the owner-lessor
of the premises, had reserved its right to approve the
sublease of the same. The petitioner, having voluntarily
given its consent thereto, was bound by this stipulation.
And, having failed to pay the monthly rentals, the petitioner
is deemed to have violated the terms of the contract,
warranting its ejectment from the leased premises.
Facts:
Petitioner Bricktown Development and respondent Amor
Tierra entered a contract to sell involving 96 residential
lot owned by farmer. Respondent Amor Tierra was reneless in
paying the installment but it tried to negotiate for a
Issue:
Whether or not Bricktown can be ordered to refund to
Amor Tierra what the latter has paid as installments?
Decision:
Yes. The forfeiture of the payments thus far remitted
under the cancelled contracts in question, given the factual
findings of both the trial court and the appellate court,
must be viewed differently. While clearly insufficient to
justify a foreclosure of the right of petitioner corporation
to rescind or cancel its contracts with private respondent,
the series of events and circumstances described by said
courts to have prevailed in the interim between the parties,
however, warrant some favorable consideration by this Court.
Facts:
Song Fo and Company contracted Hawaiian Philippine
Company to provide the former with some molasses.
Issue:
Whether or not the recession of the contract is
justified.
Decision:
No. The general rule is that rescission will not be
permitted for a slight or casual breach of the contract, but
only for such breaches as are so substantial and fundamental
as to defeat the object of the parties in making the
agreement. A delay in payment for a small quantity of
molasses for some twenty days is not such a violation of an
essential condition of the contract was warrants rescission
for non-performance. Not only this, but the Hawaiian-
Philippine Co. waived this condition when it arose by
accepting payment of the overdue accounts and continuing with
the contract. Thereafter, Song Fo & Company was not in
default in payment so that the Hawaiian-Philippine co. had in
reality no excuse for cancelling the contract.
Facts:
Private respondents are lessors of the premises owned
by Susana Realty. The lease agreement was done verbally and
rentals are collected monthly by a collector.
Decision:
No. For the purpose of bringing an ejectment suit,
two requisites must concur, namely: (1) there must be failure
to pay rent or comply with the conditions of the lease and
(2) there must be demand both to pay or to comply and vacate
within the periods specified in Section 2, Rule 70, namely 15
days in case of lands and 5 days in case of buildings. The
first requisite refers to the existence of the cause of
action for unlawful detainer while the second refers to the
jurisdictional requirement of demand in order that said cause
of action may be pursued.
- - - x x x - - -
Facts:
Petitioner Aerospace bought 500MT of sulfuric acid
from respondent Philphos. It was agreed that 100MT will be
picked up from respondent’s land ports at Basay and the 400MT
will be picked up from Sangl, Toledo City. It was also agreed
that the petitioner shall secure the means to transport the
orders.
Issue:
Whether or not petitioners are liable to pay damages.
Decision:
Yes. On record, the storm was not the proximate cause
of petitioners failure to transport its purchases on time.
The survey report submitted by a third party surveyor, SGS
Far East Limited, revealed that the vessel, which was
unstable, was incapable of carrying the full load of sulfuric
acid. Note that there was a premature termination of loading
in Basay, Negros Oriental. The vessel had to undergo several
repairs before continuing its voyage to pick-up the balance
- - - x x x - - -
Facts:
Petitioner foundation and respondent Santos entered
into a compromise agreement to put to an end all their
pending litigation of several civil cases.
Issue:
Whether or not petitioner had incurred delay in
fulfilling their obligation.
Decision:
Yes. The two-year period must be counted from October
26, 1990, the date of execution of the compromise agreement,
and not on the judicial approval of the compromise agreement
on September 30, 1991. When respondents wrote a demand letter
to petitioner on October 28, 1992, the obligation was already
due and demandable. When the petitioner failed to pay its due
obligation after the demand was made, it incurred delay.
CASES
Facts:
Petitioner Jose Lagon, a businessman who owns a
commercial building, engaged the services of respondent to
install aluminum materials into his building.
Issue:
Whether or not respondent is liable for breach of
contract.
Decision:
Yes. The mass of documentary evidence adduced by
respondent suffers from patent irregularities and material 47
inconsistencies on their faces, raising serious questions
requiring cogent explanations.
Facts:
The spouses Fernando Periquet and Petra Francisco
were childless. They took in a son out of wedlock of Maria
Francisco. Reyes sister of Petra. The boy was name Francisco
Periqueto,Jr. Through he was not legally adopted, he was
reared to manhood by the Pertquets.
Issue:
Whether or not there was found in executing the
instrument of assignment.
Decision:
No. The kind of fraud that will vitiate a contract
refers to those insidious words or machinations resorted to
by one of the contracting parties to induce the other to
enter into a contract which without them he would not have
agreed to. It must have a determining influence on the
consent of the victim. The will of the victim, in effect, is
maliciously vitiated by means of a false appearance of
reality.
Facts:
Respondent Bernard Oseraos had several transactions
with Legaspi Oil for the sale of copra. The price at which
the copra were sold varies from time to time depending upon
the prevailing market value of the copra.
Issue:
Whether or not respondent is guilty of fraud.
Decision:
Yes. Private respondent is guilty of fraud in the
performance of his obligation under the sales contract
whereunder he bound himself to deliver to petitioner 100
metric tons of copra within twenty (20) days from March 8,
1976. However within the delivery period, Oseraos delivered
only 46,334 kilograms of copra to petitioner, leaving an
undelivered balance of 53,666 kilograms. Petitioner made
repeated demands upon private respondent to comply with his
contractual undertaking to deliver the balance of 53,666
kilograms but private respondent elected to ignore the same.
In a letter dated October 6, 1976, petitioner made a final
demand with a warning that, should private respondent fail to
complete delivery of the balance of 53,666 kilograms of
copra, petitioner would purchase the balance at the open
market and charge the price differential to private
respondent. Still private respondent failed to fulfill his
contractual obligation to deliver the remaining 53,666
kilograms of copra. On October 22, 1976, since there was
still no compliance by private respondent, petitioner
exercised its right under the contract and purchased 53,666
kilograms of copra, the undelivered balance, at the open
market at the then prevailing price of P168.00 per 100
kilograms, a price differential of P86.00 per 100 kilograms
or a total price differential of P46,152.76.
Facts:
MC Engineering and SucoDeco signed a contract for the
restoration of the latter’s building. Land improvement,
electrical and mechanical equipment’s that were damaged by
typhoon Nitang.
Issue:
Whether or not Gerent Builders was defrauded in
signing the quit claim.
53
Decision:
No. Fraud is never presumed but must be established
by clear and convincing evidence. There is no evidence that
petitioner misled, deceived or coerced respondent Gerents
president into signing the Affidavit. A mere preponderance of
evidence is not even adequate to prove fraud.
- - - x x x - - -
- - - x x x - - -
CASES
Facts:
A certain Dr. Virginia Lao asked petitioner Tomasa
Sarmiento to find somebody to reset her pair of earing to
gold rings. Sarmiento then asked a certain Tita Payag to do
the same on her behalf. Payag to do the same on her behalf.
Payag went to Dingding’s Jewerly shop. Brining with her the
diamond earrings. The jewelry shop accepted the job for P400.
The respondents, Ma. Lourdes Sun, tried to dismount the
diamond from its original setting. Unsuccessuful. She asked
her goldsmith, Zernon Santos, to do it. Santos instead of
using a miniature wiresaur, used a pair of pliers to remove
the diamond, thus breaking the gem in the procees.
Issue:
Whether or not the respondents are liable to pay
damages.
Decision:
Facts:
Estela Crisostomo contracted the services of the
respondent Caravan Travel and Tours International to arrange
her booking and travel accommodation for a tour dubbed as
jewels of Europe.
Issue:
Whether or not respondent company was negligent. 56
Decision:
No. Contrary to petitioners claim, the evidence on
record shows that respondent exercised due diligence in
performing its obligations under the contract and followed
standard procedure in rendering its services to petitioner.
As correctly observed by the lower court, the plane ticket
issued to petitioner clearly reflected the departure date and
time, contrary to petitioners contention. The travel
documents, consisting of the tour itinerary, vouchers and
instructions, were likewise delivered to petitioner two days
prior to the trip. Respondent also properly booked petitioner
for the tour, prepared the necessary documents and procured
the plane tickets. It arranged petitioners hotel
accommodation as well as food, land transfers and sightseeing
excursions, in accordance with its avowed undertaking.
Facts:
On March 17, 1991, she was riding on their motorcycle
in tandem with her husband, who was on the wheel, at a place
after a Caltex gasoline station in Barangay Buensoceso,
Gumaca, Quezon on the way to Lopez, Quezon. They came from
the Pasumbal Machine Shop, where they inquired about the
repair of their tanker. They were on a stop position at the
side of the highway; and when they were about to make a turn,
she saw a bus running at fast speed coming toward them, and
then the bus hit a jeep parked on the roadside, and their
motorcycle as well. She lost consciousness and was brought to
the hospital in Gumaca, Quezon, where she was confined for a
week. She was later transferred to St. Lukes Hospital in
Quezon City, Manila. She suffered a fracture on her left
chest, her left arm became swollen, she felt pain in her 57
bones, and had high blood pressure.
Issue:
Whether or not petitioner is liable for damages. 58
Decision:
Yes. Foreseeability is the fundamental test of
negligence. To be negligent, a defendant must have acted or
failed to act in such a way that an ordinary reasonable man
would have realized that certain interests of certain persons
were unreasonably subjected to a general but definite class
of risks.
Facts:
On July 4, 1995, at around 4:45 a.m., Rogelio Ortiz,
with helper Romeo Catamora, was driving a Nissan van owned by
petitioner Dy Teban Trading, Inc. along the National Highway
in Barangay Sumilihon, Butuan City, going to Surigao City.
They were delivering commercial ice to nearby barangays and
municipalities. A Joana Paula passenger bus was cruising on
the opposite lane towards the van. In between the two
vehicles was a parked prime mover with a trailer, owned by
private respondent Liberty Forest, Inc.
Issue:
Whether or not the defendant Liberty Forest was
negligent.
Decision:
Facts:
On November 3, 1997, at about 2:50 p.m., Evangeline
Tangco (Evangeline) went to Ecology Bank, Katipunan Branch,
Issue:
Whether or not Safeguard Security is liable for the
death of Evangeline.
Decision:
Yes. An act or omission causing damage to another may
give rise to two separate civil liabilities on the part of
the offender, i.e., (1) civil liability ex delicto, under
Article 100 of the Revised Penal Code; and (2) independent
civil liabilities, such as those (a) not arising from an act
or omission complained of as a felony, e.g., culpa 62
contractual or obligations arising from law under Article 31
of the Civil Code, intentional torts under Articles 32 and
34, and culpa aquiliana under Article 2176 of the Civil Code;
or (b) where the injured party is granted a right to file an
action independent and distinct from the criminal action
under Article 33 of the Civil Code. Either of these
liabilities may be enforced against the offender subject to
the caveat under Article 2177 of the Civil Code that the
offended party cannot recover damages twice for the same act
or omission or under both causes.
- - - x x x - - -
- - - x x x - - -
Facts:
Priscilla R. Domingo is the registered owner of a
silver Mitsubishi Lancer Car model 1980 bearing plate No.NDW
781 91 with co-respondent Leandro Luis R. Domingo as
authorized driver. [Petitioner] Nostradamus Villanueva was
then the registered owner of a green Mitsubishi Lancer
bearing Plate No.PHK 201.
into the path of NDW 781 91 thereby hitting and bumping its
left front portion. As a result of the impact, NDW 781 hit
two (2) parked vehicles at the roadside, the second hitting
another parked car in front of it.
Issue:
Whether or not Villanueva is liable for the mishap.
Decision:
Yes. The registered owner of any vehicle is directly
and primarily responsible to the public and third persons
while it is being operated.
- - - x x x - -
- - - x x x - - -
Facts:
At 10 o'clock in the morning of August 23, 1989,
private respondent Eliza Jujeurche G. Sunga, then a college
freshman majoring in Physical Education at the Siliman
University, took a passenger jeepney owned and operated by
petitioner Vicente Calalas. As the jeepney was filled to
capacity of about 24 passengers, Sunga was given by the
conductor an "extension seat," a wooden stool at the back of
the door at the rear end of the vehicle.
Issue:
Whether or not petitioner can be held liable.
Decision:
Yes. The issue in Civil Case No. 3490 was whether
Salva and his driver Verena were liable for quasi-delict for
the damage caused to petitioner's jeepney. On the other hand,
the issue in this case is whether petitioner is liable on his
contract of carriage. The first, quasi-delict, also known as
culpa aquiliana or culpa extra contractual, has as its source
the negligence of the tortfeasor. The second, breach of
contract or culpa contractual, is premised upon the
negligence in the performance of a contractual obligation.
- - - x x x - - -
Facts:
Petitioner Ludo & Luym Corporation is a domestic
corporation engaged in copra processing with plant and
business offices in Cebu City. Private Respondent Gabisan
Shipping Lines was the registered owner and operator of the
motor vessel MV Miguela, while the other private respondent,
Anselmo Olasiman, was its captain.
used the wharf for berthing and petitioners evidence did not
positively prove that it was MV Miguela that rammed the pile
cluster; that the photographs of the pile cluster taken after
the incident showed no visible damages; that, as shown by
private respondents witness, there were seashells and
seaweeds directly under the uprooted post, which indicated
that the breaking happened a long time ago. 69
Issue:
Whether or not petitioner’s liability based on res
ipsa loquitor is well-taken.
Decision:
Yes. Where the thing which causes injury is shown to
be under the management of the defendant, and the accident is
such as in the ordinary course of things does not happen if
those who have the management use proper care, it affords
reasonable evidence, in the absence of an explanation by the
defendant, that the accident arose from want of care.
The doctrine recognizes that parties may establish prima
facie negligence without direct proof and allows the
principle to substitute for specific proof of negligence.
This is invoked when under the circumstances, direct evidence
is absent and not readily available.
- - - x x x - - -
- - - x x x - - -
- - - x x x - - -
70
Respondent companys negligence consists in allowing
incompetent crew to man its vessel. As shown also by
petitioner, both Captain Olasiman and Chief Mate Gabisan did
not have a formal training in marine navigation. The former
was a mere elementary graduate while the latter is a high
school graduate.
Facts:
Petitioners Annabelle Tuazon and Almer Albing were
branch managers of two different branch of Wendy’s. They were
dismissed because of the management’s loss of trust and
confidence in them after allegation of their involvement in
the cheating that happened during the time when the company
was running a contest for all branches.
Issue:
Whether or not loss of trust and confidence is
sufficient ground for petitioner’s dismissal.
Decision:
Yes. There is no denying that petitioners were
managerial employees. They executed management policies, they
had the power to hire personnel and assign them tasks; and
discipline the employees in their branch. They recommended
Facts:
Petitioner Rodzssen applied for a letter of credit
with respondent Far East to purchase five hydraulic loaders
from EKMAN, Inc. After the expiry date of the letters of
credit, the remaining two out of five gydraulic loaders was
delivered by Ekman to petitioner who readily received it. Far
East Bank likewise paid Ekman after the presentment of the
letters of credit.
When the case reached the CA, it held that there was
no bad faith in the part of the bank as petitioner received
the units even after the expiration of the letters of credit.
To absolve petitioner from liability tantamount to unjust
enrichment.
Issue: 72
Whether or not petitioner is liable to pay
respondent.
Decision:
Yes. Equitable considerations behoove us to allow
recovery by respondent. True, it erred in paying Ekman, but
petitioner itself was not without fault in the transaction.
It must be noted that the latter had voluntarily received and
kept the loaders since October 1979.
Facts:
Colgate Palmolive Philippines imported Alkyl Benzene
from Japan and was insured with insurance company of North
Issue:
Whether or not petitioner is negligent.
Decision:
The negligence of the obligor in the performance of
the obligation renders him liable for damages for the
resulting loss suffered by the obligee. Fault or negligence
of the obligor consists in his failure to exercise due care
and prudence in the performance of the obligation as the
nature of the obligation so demands.The factual findings and
conclusions of the trial and appellate court when supported
by substantial evidence are entitled to great respect and
will not be disturbed on appeal except on very strong and
cogent grounds.
- - - x x x - - -
Facts:
On October 9, 1994, M/V Delsan Express, a ship owned
and operated by petitioner Delsan Transport Lines, Inc.,
anchored at the Navotas Fish Port for the purpose of
installing a cargo pump and clearing the cargo oil tank. At
around 12:00 midnight of October 20, 1994, Captain Demetrio
T. Jusep of M/V Delsan Express received a report from his
radio head operator in Japan that a typhoon was going to hit
Manila in about eight (8) hours. At approximately 8:35 in the
morning of October 21, 1994, Capt. Jusep tried to seek
shelter at the North Harbor but could not enter the area
Issue:
Whether or not Capt. Jusep was negligent.
Decision:
Yes. In the case at bar, the Court of Appeals was
correct in holding that Capt. Jusep was negligent in deciding
to transfer the vessel only at 8:35 in the morning of October
21, 1994. As early as 12:00 midnight of October 20, 1994, he
received a report from his radio head operator in Japan that
a typhoon was going to hit Manila after 8 hours. This,
notwithstanding, he did nothing, until 8:35 in the morning of
Facts:
San Miguel Corporation entered into a Time Charter
Party Agreement with Julius Ouano, doing business under the
name and style J. Ouano Marine Services. Under the terms of
the agreement, SMC chartered the M/V Doña Roberta owned by
Issue:
Whether or not SMC can be held liable for the deaths
of the crew members due to the sinking.
Decision:
No. A charter party may either be a (1) bareboat or
demise charter or (2) contract of affreightment. Under a
demise or bareboat charter, the charterer mans the vessel
with his own people and becomes, in effect, the owner of the
ship for the voyage or service stipulated, subject to
liability for damages caused by negligence.
- - - x x x - - -
- - - x x x - - - 80
Facts:
On January 19, 1991, Alfred Dennis Pacis, then 17 years
old and a first year student at the Baguio Colleges Foundation
taking up BS Computer Science, died due to a gunshot wound in
the head which he sustained while he was at the Top Gun Firearm
and Ammunition Store. The gun store was owned and operated by
defendant Jerome Jovanne Morales.
used in the gun store which included the key to the drawer
where the fatal gun was kept.
Issue:
Whether or not Morales can be held liable for
damages.
Decision:
Yes. This case involves the accidental discharge of a
firearm inside a gun store.1avvphi1 Under PNP Circular No. 9,
entitled the "Policy on Firearms and Ammunition
Dealership/Repair," a person who is in the business of
purchasing and selling of firearms and ammunition must
maintain basic security and safety requirements of a gun
dealer, otherwise his License to Operate Dealership will be
suspended or canceled.
Facts:
Sonny Soriano, while crossing Commonwealth Avenue
near Luzon Avenue in Quezon City, was hit by a speeding
Tamaraw FX driven by Lomer Macasasa. Soriano was thrown five
meters away, while the vehicle only stopped some 25 meters
from the point of impact. Gerard Villaspin, one of Sorianos
companions, asked Macasasa to bring Soriano to the hospital,
but after checking out the scene of the incident, Macasasa
returned to the FX, only to flee.
Issue:
Whether or not Mendoza is liable for damages.
Decision:
Yes. The records show that Macasasa violated two
traffic rules under the Land Transportation and Traffic Code.
First, he failed to maintain a safe speed to avoid endangering 83
lives. Both the trial and the appellate courts found Macasasa
overspeeding. The records show also that Soriano was thrown
five meters away after he was hit. Moreover, the vehicle
stopped only some 25 meters from the point of impact.
- - - x x x - - -
Facts:
On May 10, 1992, at around 12:00 o'clock midnight,
Eduardo Edem was driving a "Luring Taxi" along Ortigas Avenue,
Issue:
Whether or not petitioner is solely liable.
Decision:
No. The driver of the oncoming Nissan Pathfinder
vehicle was liable and the driver of the U-turning taxicab was
contributorily liable. Contrary to petitioners' contention,
the fact that a party had no opportunity to avoid the collision
is of his own making and this should not relieve him of
liability.From petitioner Castro's testimonial admissions, it
is established that he was driving at a speed faster than 50
kilometers per hour because it was a downhill slope coming
from the Rosario bridge. But as he allegedly stepped on the
brake, it locked causing his Nissan Pathfinder to skid to the
left and consequently hit the taxicab. The sudden malfunction
of the vehicle's brake system is the usual excuse of drivers
involved in collisions which are the result of speedy driving,
particularly when the road is downhill.
Facts:
Respondent Salvado Begasa and his three companions
flagged down a jeepney driven by Joaquin Espina and owned by
Aurora Pisuena. While boarding the jeepney. A truck by
Ernesto Syki bumped the rear and of the jeepney, causing
respondent to suffer some Injury.
Issue:
1. Whether or not respondent was guilty of
contributing negligence?
2. Whether or not petitioner was guilty of
negligence?
Decision:
Facts:
Erlinda Ramos went to Delos Santos Medical Center to
undergo an operation for the removal of a gall bladder stones
which was to be performed by Dr. Hosaka.
Issue:
Whether or not Res Ipsa Loquitor applies.
Decision:
Yes. Res ipsa loquitur is a Latin phrase which
literally means "the thing or the transaction speaks for
itself." The phrase "res ipsa loquitur'' is a maxim for the
rule that the fact of the occurrence of an injury, taken with
the surrounding circumstances, may permit an inference or
raise a presumption of negligence, or make out a plaintiff's 87
prima facie case, and present a question of fact for
defendant to meet with an explanation. Where the thing which
caused the injury complained of is shown to be under the
management of the defendant or his servants and the accident
is such as in ordinary course of things does not happen if
those who have its management or control use proper care, it
affords reasonable evidence, in the absence of explanation by
the defendant, that the accident arose from or was caused by
the defendant's want of care.
- - - x x x - - -
Facts:
Rosalito’s wife Marie Grace was on board and air
conditioned victory Liner Bus that fell on a ravine which
caused for death.
Issue:
Whether or not petitioner is liable for damages.
Decision:
Yes. A common carrier is bound to carry its
passengers safely as far as human care and foresight can
provide, using the utmost diligence of very cautious persons,
with due regard to all the circumstances. In a contract of
carriage, it is presumed that the common carrier was at fault
or was negligent when a passenger dies or is injured. Unless
the presumption is rebutted, the court need not even make an
express finding of fault or negligence on the part of the
common carrier. This statutory presumption may only be
overcome by evidence that the carrier exercised extraordinary
diligence.
91