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Showing 121–144 of 532 articles for “damages”

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.

Navigating the Shoals of Forum Shopping: Dismissal of Damages Claim Reversed

The Supreme Court clarifies that forum shopping requires identity of causes of action, not just identity of parties.

Malicious Prosecution: When Filing a Criminal Complaint Backfires

Philippine Supreme Court ruling on malicious prosecution, damages, and employer liability for unfounded criminal charges against employees.

Malicious Prosecution: Holding Employers Accountable for Unjust Accusations

When employers file baseless criminal charges against workers, they may face damages for malicious prosecution. Learn from a Supreme Court ruling.

Contributory Negligence in Property Disputes: Balancing Rights and Responsibilities

When adjoining landowners cause damage to each other, Philippine courts weigh contributory negligence in awarding damages. Learn from the Vergara v. Sonkin case.

Supreme Court Affirms Negligence Ruling in Subrogation Claim Over Vehicular Accident

SC affirms insurer's subrogation claim, holding driver negligent and owner vicariously liable for damages from a 2014 collision.

Docket Fees and Ethics: When Omitting Damages in a Complaint Is Not Unethical

The Supreme Court clarifies when a lawyer's omission of damages in a complaint prayer crosses the line into unethical conduct.

Frustrated Homicide: Intent to Kill and Damages in Roque v. People

The Supreme Court clarifies intent to kill in frustrated homicide and awards temperate damages when receipts are missing.

Negligence and Vicarious Liability in Road Accidents: Insights from G.R. No. 279772

The Supreme Court affirms that overtaking on a road shoulder constitutes negligence, holding both driver and employer solidarily liable for damages.

Upholding Court Authority Disregarding Orders Constitutes Contempt

The Supreme Court affirms that a party disregarding court orders and delaying proceedings may face dismissal of its case and liability for damages.

Negligence and Maritime Law: Res Ipsa Loquitur in Cargo Handling Disputes

When a hidden metal bar in a ship's cargo hold damages an arrastre operator's unloader, who pays? The Supreme Court applies res ipsa loquitur.

Expropriation: When Legal Interest and Consequential Damages Are Justified

The Supreme Court clarifies when legal interest and consequential damages apply in expropriation cases, and who pays transfer taxes.

Foreclosure Sales Strict Compliance With Publication Requirements

Philippine Supreme Court rules that failure to strictly comply with publication requirements in extrajudicial foreclosure sales invalidates the sale and makes the notary public liable for damages.

Solidary Liability When Negligence in Construction Leads to Shared Responsibility

When two parties' separate negligent acts combine to cause one injury, Philippine law treats them as joint tortfeasors solidarily liable for all damages.

Rape Conviction Affirmed: Force, Moral Ascendancy, and Damages in Sibling Abuse Cases

Supreme Court affirms rape conviction of brother who assaulted his 14-year-old sister, clarifying force requirements and increasing damages to P300,000.

Defamation and Privileged Communication: Protecting Reputation in the Philippines

Philippine Supreme Court clarifies libel, privileged communication, and damages in Almendras v. Almendras, balancing free speech with reputation protection.

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

Temperate vs Nominal Damages: When Philippine Courts Award Moderate Compensation

Philippine Supreme Court clarifies when temperate damages apply instead of nominal damages, using a shipping collision case as the guide.

Understanding Frustrated Homicide: Intent to Kill and Penalties in Philippine Law

The Supreme Court clarifies intent to kill in frustrated homicide and corrects penalty and damages awards in De Guzman v. People.

Negligence and Fair Compensation: Temperate Damages When Proof of Loss Is Lacking

When a court finds negligence but exact losses are unproven, temperate damages may be awarded. A Philippine Supreme Court case explains.

Credit Card Suspension: When Banks Must Answer for Negligence and Damages

Philippine Supreme Court ruling on credit card suspension, bank negligence, and cardholder rights to moral and exemplary damages.

Surety Bonds and Execution Pending Appeal: What Lawyers Should Know

A Supreme Court ruling clarifies when execution pending appeal may run against a surety and how far the bond covers damages.

Protecting the Vulnerable: Upholding Conviction in Child Rape Case

The Supreme Court affirms the conviction of a father for raping his 7-year-old daughter, clarifying rules on alibi, credibility, and damages.

Qualified Rape by a Parent: Alibi, Witness Credibility, and Damages in People v. Lumaho

A father's conviction for raping his 7-year-old daughter is upheld; the Court explains alibi, hearsay, and damages.