Tag: damages

— Civil Law —

RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

April 14, 2019

FACTS: Adworld sent Transworld and Comark a letter demanding payment for the repairs of its billboard structure located at EDSA Tulay, Guadalupe which was misaligned and its foundation impaired when the adjacent billboard structure owned by Transworld and used by Comark collapsed and crashed against it. Transworld in its reply, admitted the damage caused by… Read More RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

— Civil Law —

Schloendorff Doctrine

February 1, 2018

Ramos vs. CA G.R. No. 124354. December 29, 1999   The case of Schloendorff v. Society of New York Hospital was then considered an authority for this view. The “Schloendorff doctrine” regards a physician, even if employed by a hospital, as an independent contractor because of the skill he exercises and the lack of control… Read More Schloendorff Doctrine

— Civil Law —

AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith

January 27, 2018

FACTS: Plaintiff, a civil engineer, was a member of a group of 48 Filipino pilgrims that left Manila for Lourdes on March 30, 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. From Manila to Bangkok, plaintiff… Read More AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith

— Civil Law, Mercantile Law —

CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

October 24, 2017

FACTS: Private respondent averred that she, a businesswoman, made regular deposits, starting September of 1979, with petitioner Citytrust at its Burgos branch in Calamba, Laguna. On 15 May 1980, she deposited with petitioner the amount of Thirty One Thousand Five Hundred Pesos(P31,500.00), in cash, in order to amply cover 6 postdated checks she issued. When… Read More CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

— Civil Law —

BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

October 23, 2017

FACTS: The spouses Seña and their four children went to the Tropical Palace Hotel to see the Reycard Duet Show they occupied a table and ordered drinks before the show, when a waiter named Baez was going to serve the tray containing the drinks was overturned and fell on her. She was drenched. Later, she… Read More BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

— Civil Law, Mercantile Law —

KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

October 23, 2017

FACTS: WG & A JEBSENS SHIPMGMT. Owner/Operator of M/V “SUPERFERRY 3” and KEPPEL CEBU SHIPYARD, INC. (KCSI) enter into an agreement that the Drydocking and Repair of the above-named vessel ordered by the Owner’s Authorized Representative shall be carried out under the Keppel Cebu Shipyard Standard Conditions of Contract for Ship repair, guidelines and regulations… Read More KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

— Civil Law —

NIKKO HOTEL MANILA GARDEN and RUBY LIM v. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005 Abuse of Rights, Article 19, Article 20, Article 21 Civil Code, damages, doctrine of volenti non fit injuria

October 6, 2017

FACTS: Reyes, more popularly known by the screen name “Amay Bisaya,” alleged that while he was having coffee at the lobby of Hotel Nikko, Mrs. Filart, his friend of several years, approached him and invited him to join her in a party at the hotel’s penthouse for the birthday of the hotel’s manager, Mr. Tsuruoka.… Read More NIKKO HOTEL MANILA GARDEN and RUBY LIM v. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005 Abuse of Rights, Article 19, Article 20, Article 21 Civil Code, damages, doctrine of volenti non fit injuria