Case Digest - Law Essay Example
Respondent is a Master Sergeant of the Phil - Case Digest introduction. Air Force and the petitioners, Redentor Complate, employee of co-petitioner Elpidio Abaiad. Albayda was on his way to the office to report for duty, riding a bicycle , the taxi driven by Completo bumped and sideswiped him, causing serious physical injuries. The Office of the City Prosecutor issued a resolution as Albayda said in his filling complaint, recommending the filing of an information for reckless imprudence resulting physical injuries against Completo.
The counter-charge of damage to property filed by Completo was recommended dismissed. Completo and Abiad filed an appeal and the CA denied the appeal for lack of merriit. Issue: Whether the CA erred in finding that performance imputed by the petitioner Rulling: The CA deleted the award of actual damages. Trial court is in better position to examine real evidences that Albaydas’ failure in presenting in some instances.
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More Law Essay Topics.
Moral damages are awarded in quasi-delicts causing physical injuries that Article 2176 of the Civil Code provides that whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no preexisting contractual relation between the parties, is called a quasi-delict. In this regard, the question of the motorist’s negligence is a question of fact. CA says Abiad was insufficient to overcome the legal presumption that he was negligent in the selection and supervision of his driver.
In the selection of prospective employees, employers are required to examine them as to their qualifications, experience, and service records, thus, to attribute negative effect in accordance of this. Article 2180 of the Civil Code, the obligation imposed by Article 2176 is demandable not only for one’s own acts or omissions, but also for those persons for whom one is responsible. Employers shall be liable for the damages caused by their employees