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Showing 361–384 of 615 articles for “negligence”

Hospital Liability for Doctor Negligence in the Philippines: Corporate Responsibility Explained

When can a Philippine hospital be held liable for a doctor's negligence? The Supreme Court's ruling in Professional Services, Inc. v. Agana clarifies corporate responsibility.

Substantial Compliance vs Strict Procedure: Negligence and Liability in Fire Incidents

A fire spreads from one food stall to another—who pays? The Supreme Court clarifies negligence, fortuitous events, and procedural rules.

Bank Manager Liability for Negligence and Undue Injury Under the Anti-Graft Law

A bank manager who allowed check encashment without verifying indorsements was held liable under Section 3(e) of RA 3019 for causing undue injury.

Breach of Trust, Managerial Negligence, and the Scope of Employer Prerogative in Dismissal

When can a bank dismiss a manager for loss of trust and confidence? The Supreme Court clarifies the rule on managerial negligence.

Railroad Negligence: Defining the Scope of Duty and Liability at Railroad Crossings

Philippine National Railways v. Brunty clarifies railroad crossing safety duties, contributory negligence, and damage awards under Philippine tort law.

Judicial Accountability: Consequences of Negligence and Delay in Court Proceedings

Supreme Court penalizes a judge and court personnel for case delays, lost records, and false certificates of service, underscoring judicial accountability.

Negligence and Quasi-Delict: When Overtaking on the Shoulder Makes You Liable

A Supreme Court ruling clarifies negligence and vicarious liability of vehicle owners in traffic accidents under Philippine law.

Surveyor Negligence and Contractual Breach: When Professionals Are Liable for Damages

A surveyor's negligent placement of boundary monuments led to a fence encroaching on a right of way. The Court explains liability for breach of contract.

Counsel's Negligence and Due Process: When Does It Warrant a New Trial

The Supreme Court explains when a lawyer's negligence justifies a new trial and when it does not, in Elpidio S. Uy v. First Metro Integrated Steel Corp.

Employer Liability for Negligent Employee: Quasi-Delict vs Subsidiary Liability

Philippine Supreme Court clarifies when employers face direct liability for employee negligence under Article 2180, Civil Code, distinct from subsidiary criminal liability.

Missed Deadlines Lost Refunds: The Importance of Timely Filing in Tax Disputes

A Supreme Court ruling underscores that missed deadlines and counsel's negligence can bar tax refund claims, emphasizing the finality of judgments.

Attorney Negligence Does NOT Automatically Justify Judgment Annulment

Supreme Court clarifies that a lawyer's negligence does not automatically justify annulment of a final judgment, especially when the wrong remedy is used.

Untangling Appeal Deadlines: Why Missing a Memorandum Matters

A missed appeal deadline due to lawyer negligence can be fatal. Learn the rules on relief from judgment in Philippine civil procedure.

Credit Card Liability: Gross Negligence and Moral Damages in the Philippines

When can a credit card issuer be liable for moral damages? The Supreme Court explains gross negligence in Bankard v. Feliciano.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Negligence and the Binding Nature of Counsel's Errors: Understanding the Basuel v. FFIB Ruling

Learn why the Supreme Court dismissed a petition for certiorari, emphasizing that counsel's negligence and errors of judgment are not grounds for this remedy.

Bank Negligence in Clearing Checks Without Fund Verification: PNB v. Campos

When a bank clears a check without verifying funds, it may bear the loss. The PNB v. Campos ruling explained.

Public Officer Accountability for Confiscated Property: Malversation by Negligence

When a barangay captain accepts custody of confiscated lumber, he becomes an accountable officer. The Supreme Court explains why.

Dismissal of Case for Absence at Pre-Trial: When It's Not Negligence

Philippine Supreme Court clarifies when a plaintiff's absence at pre-trial does not justify dismissal of the case for failure to prosecute.

Tugboat Owner's Negligence in Ensuring Seaworthiness Makes It Liable for Barge Damage

Philippine Supreme Court ruling on tugboat owner's liability for barge damage due to failure to ensure vessel seaworthiness and diligence in towage contracts.

Gross Negligence of Counsel Can Justify New Trial in Criminal Cases

When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.

Attorney Negligence: Failing to File a Pre-Trial Brief in the Philippines

When a lawyer's failure to file a pre-trial brief leads to case dismissal, the Supreme Court may impose disciplinary sanctions. Learn the rules.

Missed Deadlines, Lost Liberty: When Lawyer Negligence Costs Clients Their Freedom

A lawyer's missed 15-day deadline cost clients their liberty. The Supreme Court suspends Atty. Akut for six months for negligence.